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COBBETT'S
COMPLETE COLLECTION
1
OF
State Trials
▲ KO
PROCEEDINGS FOR HIGH TREASON AND OTHER
CRIMES AND MISDEMEANORS
FROM THB
EARLIEST PERIOD TO THE PRESENT TIME.
VOL. IXt
COMPRISING THE PEEIOD
FROM THE THIRTY-FOURTH YEAR OF THE REIGN OF
KING CHARLES THE SECOND, A. D. l682, TO THE
THIRTY-SIXTH YiSAR OF THE SAID REIGN,
A. D. l684.
LONDON:
FftlNTtD BY T. C. HANSARD^ PETERBOROUGH-COUItTy FLEET-STREET.
1*UBLISHBI> BT B. BAOSHAW, BRYDGES*8TBBET» COVENT-OARDEK *, AND SOLD
BT J. BUDD, pall-mall; J. FAULDEB, NEW-BOND-STRBET ; SHEBWOOD.
« MBBLT AND JONES, PATEH-NOSTEH-BOW S BLACK, PABBT AND KINOSBUBY,
'LBADBNHALL-STfiEBT ; BELL AND BBADFUTB» EDINBURGH ; AND J. ABCHEB,
DUBLlW*
1811.
LI BRA ffY OF THE
LELAND STANFORD JR UNIVERSE.
^U6 21 ^900
* "
TABLE OF CONTENTS
TO
VOLUME IX.
STATE TRIALS IN THE REIGN OF
KING CHARLES THE SECOND.
^ ' %* 7%# new Jriieles fare marked [N.]
S9. The Trial of Georgb BoRopKY alias Boratzi, Christopher
Vratz, Johk Stern, and Charles John Count Coninos-
MARK, at the Old Bailey, for the Murder of Thomas Thynn,
esq. A.D. 1682 - - - - - ^ - - . - 1
The Last Confession, Prayers, and Meditations of Lieute-
nant John Ster^, delivered by him on the C»rt imme-
diately before his Execution, to Dr. Burnet. Tc^ether
with the Last Confession of George Borosky, [N.] 83
Remarks oh the Trial of Count Coninosmark. By Sir
John Hawles, 3olicitor-General in the Reign of King
William the Third - - - . • ^ . -136
ft
190. The Trial of Ford Lord Grey of Werk, Robert Charnock,
Anne Charnock, David Jones,* Frances Jones, and Re-
BECCA Jones, at the KingVBench, for a Misdemeanor, in
debauchiiig the Lady Henrietta Berkeley, DaMghter of ihe
Earl of Berkeley, A. D. 1682 - - * - >- - 127
91. The Trial of Thomas Pilkinoton, esq. Samuel ^hute, Mf{.
Sherifby Henry Cornish, Alderman, Forp Lpv^ Gbb¥ of
«
/
TABLE OF CONTENTS.
Werk, Sir Thomas Player, knt. Chamberlain of London,
Slinqspy Bethel, esq. Francis Jenks; John Deagl^,
RlCHARp FRKEMAFy RlGH4UD GQQPENOUaQ, ROBERT KeY,
John Wickham, Samuel Swinock, John Jekyll, Senior,
at Nisi Prius at the Guildhall of London, for a Riot, and an
Assault and Battery on Sir John Moore, then Lord Mayor,
A.D. 1683 18'
* w
axi2. The Trial of Sir Patience Ward, knt. at the King's-beuch,
for Perjury at the Trial between the JDuke of York, Plaintiff,
and Thomas Pilkington, esq Defendant, on an Action upon
the StsfeutQ De Scandalis Magnetum^ a. D^ 1^83 - ^ - 29!
V
293. Proceedings against Mr. Benjamin Leech, Bricklayer, at the
Old Bailey, for a Contempt, m offering a frivolous Plea to
the Court, A.D. IGdZ « ^ ^ . . - . 35!
\
«
294. ^ Introduction to the Trials tor the Rye-House Plot :
containing the Original Informations respecting that Con-
spiracy, as they were published by Jame3 the Second, a.d.
1683 [N.] - - - - 35J
295. The Trial of Captain Thomas Walcot, at the Old Bailey, for
High Treason, A, D. 1683 - - - - > - - - 51J
• «
296. The Trial of Willum Hone, at the Old Bailey, for High
Treason, A.D. 1683 - - - -- - - -57
297. The Trial of Willllm Lord Russell, ai the Oki Bail«y» for
High Treason, a. D« 1683 * - - « ** «* - 51
• ' . ...
299- 7he Trial of John Rokm; «l.tb« Old Beiley, for High IVea-
son, A.D. 16;(3 - - ' - - ' . ^'. ' . - 63
299. TTke Trial pi Wiluaii Blaque, al tfie Old Bailey, for High
\TiMBOPk A. Bi. 1<8» .. - .^ 65
TA1IL£ OP CONTEMT&
TIm Cass oXyruMlM Lwd RumuL) 4ih'M farHigii Trea.
BdB^Jtily 13>A.xi.d668 ^ .-«... 695
An Aktibote against Poison : Composed of fiome Re-
flBCifcs 'U|>oB the PaMR pmtsd 4ry the Cveetren of the
tmAy RHfiseU) uA mentioDed to Ikhw beeu delivered by
;tbe Lord Russell to ihe Sberiffii at the IHace 4d his Exe.
cutim. . By Sir BARTH0L6AIEW Showee - - - 710
A IteFlsNCE of the lat^ Lo»d JituflteLL?s broocency. To
ivhich are pvefiked two Letlen upon the Subject of his
Lordship's Trial. By Sir Robjhit Atkyns, K, B. - 719
ThB MAGiOTHACY iiMt> OOVKIIKMENT 'Of EllOLANl^ VfNlM.
CATBD : Id Three Parts. Coivtaitiitig, L A JiMtification
of the English Method of Pnooeednigs against Criminals,
&c. IL An Answer to several Replies, &c. III. Seve-
ral Reasons for a general Act of iBdefloaity* By 0ir •.
Bartholomew Shower ^ - - - «. . 742
A Second Vindication of the Magistracy and Go-
TBimiEHT ^ Emglamd, by way of Answer to the sere-
T«l RepUefit) tic - - - - « . * - 755
TfljE Tumid and Last Part op the Magistracy awd Go-
VERN^ENT OF ENGLAND VINDICATED, with ReaflOnS for
a general Act of Indemiuty, &c. * - - i- - 771
«
The Lord Rusbbll^ biNOCiLircY farther defended ; in
aaswer to Tb^ Magistracy ahd Government of England
vindicated -----*.•--» 783
■
Remarks on the Lord Russell's Trial. By Sir John
Ba<WL8s, lMicit<» General in the Reigu of WHliam Itl. 794
300. The Trial of Cokiiiel ALGEauKHi Sidney, at the KiogVBencb,
fer High Treason, A. D.ieSi * • ^ « . . 818
Report made to the House of Lords, on the 20th of
December 1689, from the Committee for Inspec
tioN of Ex^iMlNATiONS, cooceming the Murders of
Lord Russell, Colonel Sydney, iSir T. Armstrong, and
Mr. Cornish: the Advisers of Qno Warranto, and the
Advisers of the Dispensing Power^ [[N.] - * ' - 952
^ /
TABLE OF CONTENTS.
Pag
Remarks oi> Colonel AtoERNOM Sidney's Trial. By
John Hawles, Solicitor General in the Reigu of
liam the Third .' - • 991
Historical Paeti(;ulars, relative to the Proceeding;*
against Persons accused of Participation in the Rye«
House Conspiracy, and other treasonable Designs about
this Period. [Now first printed froM the MS. ^^ Brief
Historical Relation/* £Cc. of Narcissus Luttrell^ in the
Library of All Souls' College, Oxford] - [N.] . - iOOJ
301* Trial of LowRiE or Weir» of Blacrwood, for Treason, .
A.D. >683. [Now first printed from the MS. Records
of the Court of Justiciary of Scotland] - [N«] - - 1022
302. "fhe Trial of John Hampden, esq. at the King's-Bench, for a
High Misdemeanor, a. d. 1684 . ' * ' . . . . I054
303. The Trial of Laurence Braddon and Hugh Speke, at the
King's-Bench, for'a Misdemeanor, in suborning Witnesses ,
to prove the Earl of Essex was murdered by his Keepers,
A.D, 1684- -. 1127
Bishop Burnet's late History charged with great Partiality
and Misrepresentations, to make the present and future
Ages beUeve, that Arthur Earl of Essex, in 1683, mur-
dered himself, {^N.] - - - - - . - 1230
\
304. The Trial of Sir Samuei^ Barnarbiston, bart. at Nisi Prius at
the Guildhall of London, for a High Misdemeanor, A. D. 1684 1334
Proceedings upon a Motion in arrest of Judgment in the
Case of the King against Sir Samuel Barnardutton,
bart. [Now first printefd from the MS. of Sir William
Williams, communicated^ for this Work, A.D* 1811,
by his descendant Mr. Charles Watkin WiBiams
Wynn) . [N.]
COBBETTS
COBBETT'S
COMPLETE COLLECTION
OF
State Trials.
X UEIRE having' been an Indictment fonnd
at Hicks's hall by the grand-jury for the coun-
ty of Middlesex against Charles- Creorge Bo-
roaky, Christopher Vratz, and John ^em, for
murdering* Thomas Thynn, esq. $ and against
* The Issacbar of ** Absalom and Achito-
phel," in which poem, Dryden, describing the
lespect and favour with which Monmouth was
received upon his progress in the year 1681,
says,
*< hospitable treats did most commend
** Wise Issachar, his wealthy Western friend."
Sir John Reresby, in his Memoirs, p. 135,
relates the following particulars of this busi-
289. The Trial of George Bobosky alias Boratzi, Christopher
Vratz, John Stern, and Charles John Count Conings-
MARK, at the Old-Bailey, for the Murder of Thomas Thynn,*
esq. 34 Charles II. a. d. 1682.
Charies John Count Couingsroark, as acces-
saiT before the ftu;t, the said [lersons being
in Newgate, were brought to the bar to be ar-
raigned and tried : And they being foreigners,
an interpreter was sworn to acquaint them, in a
come to him at Mr. Thynn's lodging, sending
his coach for me, which 1 made use of accord^
ingly. I there ibund his grace surrounded
with several lords and gentlemen, Blr. Thynn *s
friends, and Mr. Thynn himself mortally
wounded with five shot from a blunderbuss.
I on the spot granted several warrants against
persons susp^ted to have had a hand therein,
and that night gfot some intelligence concern-
ing the actors themselves. At length, by the
inrormation of a chairman, who nad carried
one of the niiiians from his lodging at West-
minster to the Black Boll, there to take horse,
and bv means of a loose woman, who used t»
visit tbe same person, the constables found out
the place of his abode, and there took his man,
by nation a Swede, who being brought befbra
me, confessed hiinfidf a servant to a Gennaii
captain, who had told him he hadaouarrel .
with Mr. Thynn, and had often ordered him to
watch bis ooaeh; and that particulariy that-
day tlie captain no sooner understood .the coach
to be gone by, than he booted himse)f, and
with two others, a Swedish lieutenant and a
Pole, went on horsetiack, as he supposed ia
quest of Mr. Thynn. By the same servant I
abo understood where possibly the captain ancl
bis two companions were to be found; and
having with the duke of Monmouth, lord Mor-
daiint and others, searched several houses^ aa
he directed us, till six in the roaming, and
having been in close pursuit all night, I per-
sonally took the captain in the house of a
Swedish doctor in Leicester-fields. I w«Qt
first ipto his room, followed by lord Mord*iuit>
^* At this time was perpetrated the most bar-
barofus and aodacious murder that had almost
ever been heaid-of in Engluid. Mr. Thynn,
a gCTtleoSan of 9,000/. per ann. and lately
married to lady Ogle, (who, repenting herself
of the match, fled firom him into HoUaiid be-
fore ihey were bedded), was set upon by three
ruffians, who shot him as he was going along
, the stTpet hi hia eoach. Thb imhappy gende-
man being much engaged in the duke of Mon-
mooth's cause, it was feared that party might
pot some violent construction on this accident,
the actors therein making their escape just for
the time, and being unknowq. I happened to
be at court that evemng, when tlie king, hear-
ing the ne\TS, seemec^ greatly concerned at it,
not only for the horror ot the action itself,
(which waft shoddng to his natural dispositioD)
but also for fisar the turn the anti-court party
might give thereto. I left the court, and was
just string into bed, when Mr. Thynn's gen-
tleman came to me to grant him an Hue and
% and immediately at his heels comes the
te of MowMmth's page, to d«ar» ma to
TOL. IX.
B
3] STATE TRULS, 34 Chakles n. l6S2.—TVwl of CmU Cotnngmark t*
laiigua|;e they underatood, what they were
accused of.
Clerk of the Crown, Charles Boroaky, hold
up tliy haiid. (Which he did.) Christopher
Vratz, hold up thy hand. . (Which he did.)
John Stem, hold up thy hand. (Which he
did.^ Charles John ConingBniark, hold up
thy liand. (Which he did.)
You stand indicted in the county of Mid<
dlrsez hy iho names of Charles George Bo-
"ivhere I found him in hed, with his sword aft
some distance from him on the tahle; his
weapon I in the fyst place secared, and then
hU person, committing him to two constables.
I wondered he should make so tame a sub-
mission ; for he was certainly a man of great
courage, and appeared quite unconcerned from
the very begiunmg^, though he was yer]^ cer-
tain he should be found Die chief actor in the
tragedy. This gentleman had, not long be-
fore, commanded the forlorn hope, at the siege
at Mens, whoi but two, besides himsdf, of
50 under his oonunand^ esca]^ with Ufe ; and,
in consideration of this service, the prince of
Orange made him a lieutenant of his Guards,
and, in reward for the same, the king of
Sweden gave him a troop of horse : but, to in-
sist no farther on this, his two accomplices al^
were taken, and brought to my house ; where, I
before I could finish the several examinations I
had to go through, the king sent for me to at-
tend him in council, for that purpose, with the
prisoners and papers. His majesty ordered
me to give him an account of tlie proceedings
hitherto, as well with regard to the ap^nrehend-
tng of the prisoners, as tneir examination, and
then examined them himself $ and when the
council rosoy ordered me to put every thing
hito writing, and in form, against the trUl ;
which took me up a great part of the day,
though I had got one of Uie clerks of the
council, and another justice of the peace to
assist me, both for the aakettf dinpatch and my
own security, the nicety of the amdr requiring
it, as will, in the sequel; appear.
** The council met again, among other
things, to examine the governor of young
count Coningsmark, a vonng gentleman then
in Mr. Foiibert*s acaUemv in London, and
supposed to be privy to tne murder. Upon
this occasion, the king sent for me, to attend
. in counqi], where the said governor confessing.
That the eldest count Coningsmark, (who had
been in England some months before, and
made his addresses to the lady who so unfor-
tunately married Mr. TUynn) arrived incognito
ten davs before the said murder, and lay dis-
^isedtiO it was committed, gave great cause
to sumct that the count was at the bottom of
tills bloody affair ; and his majesty ordered me
thereupon to go and search his loclgingB, which
i did with two constables, but the bird was
flown ; he went away betimes in the morning
of the day after ^e deed waa perpetrated;
ot which I inunediately gare tka king an ac-
rodcy, late of the parish of St Martm's in
Fields, ifli the county of Middlesex, labourer $
ocbcnvise called George Boratzi, of the nmintm
parish and county, labourer; Chriatopher
Vratz of the same parish and county, gentle—
man ; John Stem of the same pariai and
county, gentleman; and Charles John Co—
ningsiiian:, of the same pariah and county,
esq. ; otherwise called John Coningsmark, uT
the same parish- and county, esq. : For ihmM
" I severs) times afierwaids intended on' th«
king, both in private and io council, from timm ,
to tune to give him information, as fresh matter
occurred, or appeared ; and upon the whole it
was discovered, )>artly by the confession o^
the parties concerned, and partly by the infor-
mation of others, that the German captain had
been for eight years an intimate with count
Coningsmark, one of the greatest men in th«
kingdom of Sweden, his uncle being at thai
time ^vemor of Pomerania, and near upon
marryun^ the king's aunt ; and tkioreover that
during the time 'he was in England before, hm
had made his addresses to lady Ogle, the only
daughter and heiress of the earl of Northum-
berland, who had been married to the deceased
Mr. Thynn, and that the said count had resent-,
ed something as an afiront from Mr. Thynn z
That the captain, moved thereto out of puro^
friendship to the count, (though not at all with
his privity, as pretended,) had determined
withm himself to revenge his cause, and that
in consequence of such his resolution the
murder luppened : It appeared also that such
his cruel design was furtnered by the assist*^
ance of the Swedish lieutenant, and the Pole,
who had been by him obliged to discharge th»
blunderbuss into the coach. I was extremely^
glad that in this whole business there was no
English person directly or inducctly ooBcem*
ed ; for the fanatics had buazed it about tbae
the design was chiefly against the duke oC
Momnoudi ; so that 1 had the king's thanks
more than once, the thanks of my lord Halli*
fax and several others, for my diligence in
tracing-out the true springs and motives of
this horrid action, as wdl as the actors them*
selves. The duke of Monmouth had been o\A
of the coach above an hour ; and, by the con-
fession of the criminals, 1 found Uiey were not
to have made the attempt if his grace had bee%
with Mr. Thynn.
*' Mean while it was suspected that count Co*
ningsmark was still in the kingdom; and
sean:h being made after him, he was met with
alone in die^uise at Gravesend, bv a servant of
the duke of Monmouth's just as he was step*
ping out of a sculler, intending the very next
d9y to embark on board of a Swedish ship.
Being brought up to town, the king imme-
diatelVcaU«l an extraordinary councu toexa-
nnnehim. I was present upon this oecas^,
and observed that he appeareu before the kmg
with all the assurance imi^nable. He was'
a fine person of a man, imd I t^ink his hvr
wta thftJwjgnrt I trrer saw. Ha was to^
^ STATE TEIALS, 34 Charles IL IffSf ••^Hmrf oihtnjw Mvrier.
vm tlie md Cbuies George Boi-oeky alias
Mrata, Ckristophcr Vratz, and John 8tern,
Ml httfiB^ €M before roar ejres, but be-
■g motel aad aeduoed by the inatigatioa of
Ik dev3, upon the IStii day of Febniary, in
the 34lfa year of the reign of oar aoTereign
hfd king Chajdea the second, with foree and
mam in the pariah of 8t Martin's in the Fields
of paits ; hot his examinarion iras Tery
i, 'for whieh reason he was by the
ting and oDODcil ordoied to be, the same day,
fiaminfd by the kml chief justiee, the at-
lOfBey general, and myself; bat he confessed
Bodiiag of the maimer, preteodios the reason
vfay he fay at this time concealed, to be that
be wnB then under core for a small venereal dis-
nier, and did not care to i4)pear in public, till
die eoarae of his prescription was over ; and
dMt his going away in disguise after the fact
vaa committed, was by the adrice of friends,
tIio told him it would re6ect on him should it'
be known be was in Engbmd, when an intimate
«f bis laboured under ao riolent a suspicion of
hmne commitled so black a deed ; and that
be enaeaToured to naake his escape, not know-
ing bow far the laws of this land mijzfat, for
that very reason, inrolre him in the gntlt. But,
being at the king's couchee the night afler, 1
peroeivedby his majesty's discourse that he
vaa willii^ the count should get oflT.
**" A fem dm afteiwards, Blons. Foubert who
kept the tiaJusmj in London, came and desired
lie to pot him m a way how to save count
Coningamark'slife, insinuating tome, that, as
be was a man of vast fortune, he could not
wake a better use of it than to support his own
iaaooeBoe, and riueld himsdf from the edge of
the bw, in a strange country. I told him, that
if theeoont was really innocent, the law would
nataially acquit him, as much, though a fb-
nigMr, as if. he was a native; but that he
ooght to be canlioas how he made any oflSers to
pervert instiee; far that it were to make ail
menaf VoBonr his enemies, instead of gaining
them to be his friends. This was one of the
first bribes of ndne ever offered to me, which
I vugbt httfe aoeejted without any danger of
disoMry, and without doing much n>r it:
But my opinion kaa always been that what is
so aofoired is np addition to our store, but
lather the cause of its waste, aocordmg to the
si^iDg, * Male partamale dibibuntur ;' 1 there-
6n ref ec t e d tins now, as I had done others be-
Isie, and as I hope I shall always do for the
time to come.
^ Bills being found atHkk^ haSagainst the
Ikae norderers of Mr. Thynn,^ as' principal.
ind affainst the count as aceessary ; they the
BflHoay made theit appearance at the Old
Bafli^, where after a tnal which lasted from
nine m the monung to five in the afternoon,
sad a very vlgoreus prosecution on the part of
Hi. Tkynn'a rdatkinsy the three were brought
ingoil^aapriBGipalB, and the count by the
suae j«ya0i|aittedaa not accessary ; itbeinjg
* per JMMatcni liagiM,' aooorting to the pn-
[6
in the county of Bfiddlcsex aforesaid, in and
upon Thomas Vbynn, esq. ; in the peace of
CkMl, and ovnr saui sovereign lord the king,
then and there being, feloniously, wilfnlly, and
of your malice aforethought, di4 make an asi-
sault. And that thou the said George Borosky
alias Boratzi, a certain blunderbuss of the
value of five shillings, the said blunderhosi
being then charge-* '—• <mder, and four
leaden bullets ; whicM sau. jlunderbuss thou
the said George Borosky alias Boratzi in both
thy hands so as aforesaid, loaden to and against
the sud Thomas Thynn then and there hadst
and boldest And that thou the aforesaid
George Borosky alias Boratzi, knowing the
blunderbuss aforesaid, to be so as aforesaid,
chaigedwith grunpowder and leaden bullets,
to and agamst the said Thomas Thynn then
and there, with force of arms, fefoniouslv,
wilfully, and of thy malice aforethought, didst
discharge and shoot oft And that thou the
said George Borosky alias Boratzi, with the
said leaden bullets shot and sent out of the
blunderbuss aforesaid, by the violence and
force of the gunpowder aforesaid: And by
thee the said George Borosky alias Boratzi so
as aforesaid discharged and shot off, the said
lliomas Thynn in and upon the right-side of
the body of^the said Thomas Thynn, near the
short ribbs of the right side of the body of tha
said Thomas Thynn. then and there felonious-
ly, wilfully, and of thy malice aforethought
didst strike and wound ; giving unto him the
the said Thomas Thynn then and there with
the leaden bullets aforesaid, so as aforesaid
shot and sent out of the hiunderi>uss aforesaid
by fhrce and violaice of the gfunpowder afore-
said, by thee the said George Borosky alias
Boratzi, so as aforesaid dischai'ged and sent
out, in and upon the right side of the body of
him the said Thomas Thynn, near the short
ribs, on the right side of him the said Thomas
Thynn four mortal wounds, every one of them
of the breaddi of one inch, and of the depth of
six inches ; of which said mortal wounus, he
vilege of stranfi«rs. I was the first that car-
ried the news of this to the king, who seemed
to be not at all displeased at it ; but the duke of
Monmouth's party, (who all appeared to add
wdght to the prosecution,) were extremely
dissatisfied that the count had so escaped.
•* The captain, and the other two his ac-
complices in the murder of Mr. Thynn, were,
pursuant to their sentence, hanged in the street
where they had perpetrated the crime. The
captain died without any th^ least symptom of
fear, or offering at the least glance of reflection
on count Coningsmark ; and seeing me in my
coach 88 be passed by in the cart, he made a
bow to me with the most steady countenance,
as he did to several of the spectators he knew,
before he was turned off; in shoi-t, hia whole
oarriage, from the first moment he was appro*
hend^, to die last that he resi^rned his breath,
savoured much of gaOantry, but not at all of
religion*"
7 ] STATE TRIALS, 54 Otf ablks II. l682^7rk/ of Onmi Cminguwk [8
Ihe said Thomas Thynn from the said IStb
day of Febroaiy in the d4th ^ear aforesaid,
unto the 13th day of the same month of Fe-
buuary, at the parish of St. Martinis in the
Fields aforesaid, did iangaish and lived lan-
guishing : On which said 13th day of Febru-
ary, in 34th year aforesaid, he tne said Tho-
mas Thynn at the narish of St. Martin's in the
Fields aforesaid, of the mortal wounds so as
aforesaid given, died. And that you the said
Christopher Vratz and John Stem, then, that
is to say at the time of the felony and murder
aforesaid, by the said George Borosky alias
Boratzi ; so as aforesaid feloniously, wilfiill^,
and of malice aforethought, done and commit-
ted, th^n and there feloniously, wilfully, and
of your malice aforethought, b^ force and
arms were present, aiding, comforting, abet-
ting, assisting and maintaining the saidGeorge
Borosky alias Boratzi, the raony and murder
aforesaid foloniously, wilfully, and of his ma-
lice aforethought, to do and commit. And so
you the said George Borosky, alias Boratzi,
Christopher Vrats and John Stem, the said
Thomas Thynn in manner and form aforesaid,
feloniously, wilfully, and of your malice afore-
thought didst kill and morder, against the
peace of our sovereign lord the king, his crown
and dignity. An'i that thou the said Charles
John Coningsmark before the felony and. mur-
der aforefaid, by the said George Borosky
alias Boratsi, Christopher Vratz and John
Stern in manner and form aforesaid, felonious-
ly, wilfully, and of their malice aforethought,
done and committed, to wit, the said 12th day
of February, in the 34th year aforesaid, at the
parish of St Martin's in the Fields aforesaid,
them the said Geoige Borosky alias Boratzi,
Christopher Vratz and John l^rn the felony
and murder aforesaid, in manner and form
afoi'esaid feloniously, to do and commit, felo-
nlouslv,. wilfully, and of thy malice afore-
.thought, didst stir up, counsel, persuade and
procure against the peace of our sovereign
lord the king, his crown and dignity."
L. C J. ^Sir Francis Pemberton.) VFhy you
must read tnis to them now in their language,
or else they cannot understand it.
L. C J. North. You that are the interpreter,
teU thetn that you are going to interpret the
iadictmoTTt to them by d<^free8.
Mr. Vandore. Yes, my lord, I will.
L, C. J. Do not read all the circumstantials,
but only the substance of the indictment.
Then the Clerk of the Crown M'ent near the
bar, and dictated to the Interpreter dcUbe-
lately, who interpreted it to the prisoners.
i. C. J. Well, you have told them the sub-
stance of it, that tnev are indicted for killing
Mr. Thynn. — Mr. Vandore, Yes.
L. C. J, Well, what says the first man ?
CLofCr. I asked him if he be Guilty of
the murder whereof he stands indicted, and he
says he is Not Guilty.
X. C J. Dceshcsay so?
Mr. Vandore. Yes, be says be is Not GuiUy •;
L.C. J. Why now tell him the tbrmality/
tliat he must put himself upon the jury here.
[Then Sir Nathanael Jokntan was sworn In-
terpreter.]
L. C. /. Ask hun this question. Tell him
he is accused of the murder of Mr. Thomas
Th vnn ; ask him if he be Guilty or Not Guilty.
vandore. He says he is Not Guil^, my Lord. «
I asked him just now.
X. C J. Then sir Nathanad Johnson, if you
can make him to understand it, tell him that oar
manner of trial here is by twdvemen, and that
is by putting himself uoon the country, and
th^*efore ask him, how he will be tried. Tell
him that the method is by saying, * By God and
* the Country.'
Sir N, Johttton. My Lord, he is a very dull
kind of man, he, knows not how to answer, nor
what to say ; nor won't say any thmg ; thai is
the truth of it
X. C. /. Ask him if he be willing to be tried
afler the manner of the English.
Sir N, Johnton. Yes, he says he is willing
to be tried according to the fasnion of the Eng-
lish.
L. C. J. North. He hath pleaded Not Guilty,
and the other follows of course.
X. C. J. Ask tlie other, the captain, the same
thing.
Sir N. J. He desires a French Interpreter,
for he speaks French.
X. C. X Surely here are enough people that
understand French, but ask him u he aoen not
understand English.
Sir N. J, He can understand some, he says.
X. C. X Then ask him, whether he be Guitty
or Not.
Sir N. J, He says he is Not Guilty, my
Lord.
X. C. J. Now ask Mr. Stem, but first ask
the captain how he will be tried.
Sir V. X He says he win be tried by God,
and half his own country and half Engfish.
X. C. X He sliall have his request.
^ N. J. He desires one thing further.
X. C X Look you, sir N. Johnstm, vou must
tell him this ; he shall be tried by half foreign-
ers and half English; that is it, I suppose h«
desires.
Sir N. J. My Lord, he desires that there
may be none of the jury that are any thing
a kmdred or relation to Mr. Thomas Thynn,
nor any particular friend of his, and .he is sa-
tisfied.
X. C. X No, there shall not, we will take
care of that. Now ask Mr. Stem then the like
question.
Sir N. X Mv Lord, he says he is Not Guilty*
X. C- X Ask him too, how he will be tried ;
whetlier by a jury ?
SiriV. X He says, he is content ta be tried ag
the others are, by half strangers and half Eqg-
lish.
X. C. X Xow then ack my Igrd CoDiBgiitttt'k
what he says.
STATE TRIALS, 34 Chablss IL l6S2^and t%hn%fm^ MrJkr. [lO
Mr. Vandare. My Lord, hcadn this ques*
lion of your lordslup aod tliis bnoura^le court,
if it be agreeable, and iiooqrdiiif to ^t ji»tic&
ofthisnadon, that my Lord navbeattowed
two or tlkree days delay, beatae ne ii to pre-
pare himself and witnesaeB for hs trial.
Sir N, J. My Lord, he says this ; hi wit-
nesses are not prepued, and henot haTiv huci
time to recollect himself, so as to fit hkiseir
for his defence, therefore he begs the iaTOv of
the court, that he may hare a day or to*s
time to recollect himself. He says he ts ton.
swer circumstanoes with ciroumstaoces, \y
Lord ; he says he has some*^ wimesses at^
circumstances that are Tery materiai to aostr
such circumstances as are brought against hit^
he does not understand the law, my lord, n«
has had no time to have any counsel to infoii
himself.
L. C. 'J. You must tdl him this, that whid
he is charged with is matter of fact, tiiat nooc
can instruct him in bat himself; counsel can
do him no good in such a case as this.*
Sir N, J, My lord, he says, the matters that
are okgected against him are onlycircumstan*
ces, mv lord, and they require an answer,
which be can do by other circumstances, and
he desires time to recollect himself two or three
daysresnite ; he desires, if it weie but a little
time, a day or two.
Mr. Thynn. My lord, oar witnesses ore all
ready, and the counsel instructed, and wait here
toffoon.
X. C. J. North. Look you ; pray wtfl yoa
tell him, when the trial is once begun, the jury
can neither eat nor drink till they hare giren
their yerdict ; that is the law, and we can-
not change the law, therefore we cannot
allow him the time he desires. He knows what
he is accused of, and has known it a good
while, and has had time to recollect bimsen and
prepare himself.
8ir JV^ /. My lord, he says, the jury are not
yet together, nor charged with him, and there*
tore tUl the jury are charged, he thinks he may
have time, if your lordship please to allow it.
Ir. C. J. Look you, you must tell htm, -that
he J9 to understand that here is but one indict-
ment against the , nrincipals and himself, and
we'cannottrythis by pieoe^meals; we cannot
try the principals now, and my lord Conings-
mark another time.f
9]
Mr. Tkytm, He speaks English, my Lord.
L. C. J. But not well enough, may be, to
ondentand the whole.
JL C J. North. iHr Nathapad, what does he
say? •
Sir N. J. My Lord, he says it is a concern
of his life, and therefore he desires he may
IwTe not only one Interpreter, but others : he
desktps he may hare two or three^ that they
may make no mistake.
JL C J. Very weU
&&r N. J. lie says that I understand the
Dutch language ; but his life aod honour are
coaeemed, and therefore he woiild hare three
or four.
i. C, J. Who would hfe have ? ^
8tr N J. Sir Thomas Thynn* said they had
one that was brought by them.
Mr. Thynn. T&A is Vandore, who is sworn
already.
X. C. J. liook you sir Nathanaet, tell my
Lord if he pleases, he shall have a French In-
terpreter ; tor 1 know he speaks that language
verywdl.
m N. J. My Lord, he says, that High-
Dutch is his natural language, and he can ex-
press himself best in that.
[Then one Vanharing was called for by the
Count, but did not appear.]
X. Ch. Bar. (Wm. Montafirue, esq.) Sir N.
Jobns<»i, you must ^ the Count whether he
be Guilty of the Indictmoit, as accessory be-
Ipie the fact
Sir N. J. I have asked, my lord^ and Not
Guilty he answers.
CL cfCr. How will yon be tried ?
Sir N. J. He says he will be tried by God
aod half his own country, or half foreigners
aod half English ;t and he desires they may be
persons of some quality, as they use. to treat
persons of his quality, and strangers.
L, C. J. There shall be such strangers, tell
him. You have merchants of good aocoant,
1 suppose, upon this pannel ?
Und. Sfter. Yes, my Lord, they are air such.
8triV. /. He desires he may be tried dis-
tinctly from the others.
JL C. J. That cannot b|e : but look you, Sir,
Pray tell my Lord this, that though the- evi-
dence most oe given, and the jury must be
oharged all together, yet in this case we will
disti^uifih his case to thejury, if there be oc-
X. C. Bar. And his evidence will comedis-
* So in the former edition.
f As to the right of an alien to have in trialk
whether civil (unless both parties be aliens) or
criminal (except indeed for treason&and in the
case of Egyptians, under st. 32 H. 8, c. 10.) in
which he is a party, a jury of which one naif
iluJI be aliens (if so many snail be forth-coming
intbe place). Seethe IStatutes, S8 Ed. 3, c.
13, and 8 Ueo. 6, c. S9, andBlackst €omm.
Book 3, ch, 123, Book 4» ch. 2U
* See the Note to the Case of Don Pantaloon
Sa, voL 5, p. 566, and to the Case of Twyn,
vol. 6, p. 516, of this Collection.
f *' Most oertainly they might, and it is fre-
quently done although there he hut one indict-
ment, as in the case of the Begiddes and many
other cases ; but it was more for the interest of
the count to try him then, though he was not
aware of it himself." Former Edition. As to
an inconvenience attending the trial of more
than one prisoner at once^ see a note to the
Case of Campion and otheis, vol. 1, p. 1051, and
a note to the Case of Coke and Woodlmme^ tu
D. 1721, in this CoUeetioiu
i 1} SrrAT£ TRIALS, 34 Cba&IBS II. l6$i.^^Iiriat tf Cmmi CankigimaHk [ t<
Sk N,J. If itainst be so, hesays, he ma!$t
throw binflelf uton your lordship : he hopes
be shall kave nohiiig bat what is just and iair,
aQ4 he lopes yoir lordship will be of ooonsel to
fainifas^eftshonofthis oonntry is; if any
thing aHes of natter of law, he desires he may
have tl^ advttitage of it : and if he cannot
have a^Ay or two, he says the innocency of his
case *iU prelect him. Count Coninfi«roark
knoiK^g how innocent he is, won't stid^ for a
day i two, but he will be ready to be tiied as
youiordsbip shall think fit : he has innocence
on ]» side and that will protect him.
j C /. Let my lord know, that we will
beireful in examining alj things that concern
hi;
•ir N, J. He says he does not fear it, my
Vt having to do with such honourable per-
gs, nor doubt it at ail.
X. C. J. ' Then swear a jury. But look you
y lord Coningsmark, consider this ; as the
^utlemen of the jury come to be sworn, if
ou do dislike any of theas, you may except
grsinstthem.
Sir N. J. My lord, he says, being altogether
stranger here in Enffbnd, and not knowing
.ny of u&e persons, he negs the fiivoor of the
>ench that he may have the names of those
that are returned of the jury, and a little time
to consider of it.
X. C.J. That we camiot do : all we can do
for yon is, we will take as much care as we
can, that vou' may have indifferent personsanii
persons of quality.
JL C. J. North. Pray tell him, the biw gives
him the privileffe of a peremploiy challenge.
Sk N. J, He say^ my lord, he does not
know who th^ sre, but tb^ may be persons
that are tooohed, and may have something
of evil will or spleen a^psinsk him. His father
served against the kmg of I>ennaark and
against the Poles and the Ptipists, and his
mher was a Pmestant and served the Protes-
tantcause.
X. C. /. What eoontrymen are they, BIr.
Sheriff
Under Sheriff, They are French and Dutch
most of them,! do not believe there is ever a
Dane amongst them*
X. C. X We win can all FfwchmeB, if he
had Fsdier have tiicm than Dutch.
Sir JV. J. He would very gladly have them
all High-Dutch ; if not, tluit he may have
X. C. X I thought he had eicepted agaiBst
the Dutch.
I%r Jf. X No, against the Danes ; ibrhis la-
ther in the wars burnt their towns.
X. C. X Rxamine them, as they come to
diebook, if there beany of the Roman Ca-
tholic leligion, and do not let any such be
•worn.
Mr. Sheriff TilkingUm, There is none such
«mong them, I dare say.
X. C. X Sir N. Johnson, tell my lord, be
•ban banre. no Roman Catholics at all.
Sir ^.X He thanks your kuddup. Hede-
sires he may have the penoel tolook upon, aiid
he hopes tliat is an easy fitvour.
X. C. X Let him have the pannel, if it will
do him any good. He is a stranger, mtisiy
him in what we can.
[Which was delifered to him, and he looked
it overj
X. v. X Tdl him, as the jury is called, he
shall have every one of theOntlandishmen and
En^rlisbmen brouglit before him.
8ir N, X My lord, he thanks you for this
favour.
X. C. B, Sir N. Johnson, tell the Count, tliey
call fir&t an Englishman, then a tbreigner, and
they shall be broufi^ht to view.
X. C. X Pray, have you told the other per-
soas, that their time to challenge is before the
jury is sworn P
Sir N. X The Polander says be can chal-
lenipe none, because he knows none*
X. C. X What say the rest ?
Air. Vandore, They say tliey know nobody,
and can except against nobody.
C/. ofCr, CaUSir WUI. Roberts. [Whoap*.
pearing, stood up.]
X. C. X My lord Coningsmark, there is the
foreman. «
8ir N, X He has nothing to say against bin.
X. C. X Then hold him a book« and swear^
him . [Which was done ]
CL ofCr. Call Mr. Downing.
Interpret, He says he is no foreigner.
X. C X Then he most not be sworn.
CI. ofCr. MosesCharas. [Who appeared.}
Interpret. He has nothing to say against
him. But he himself says, he does not speak
English, but he desires to speak French.
CL qfCr. Then tell him in French, he must
lay his band on the book and be sworn, and
barken to his oath.
Sir If*. Winnington. We challenge him fet
thekinff.
X. C! J. For what cause ?
Sir Fr. Winnington. My lord, we take it
that we need not shew any cause unless there
be any want of the number in the pannel.
X. C X Then we must do him right, and
tell him what advantage the law fives him.
Tell my lord, you that understand English,
that this gentleman is challenged for the king ;
and if the king shew any goml cause for it, ne
must not be sworn, else be must. And the*
way for him to cause the king's counsel to
shew their cause, (if he desire it) is to cbal*
leoffe all the rest
Mr. Williatns. We wave our challenge : for
the reason why wechalleneed him was, because
he did not understand Enj^ish, which will be no
reason at all. ^Then he was sworn.}
CL afCr. Sir Henry Ingoldsby.
Sir JV. X He challenges him, my lord.
CL of Cr, Sir William Gulston.
Sir Jv. J. He excepts against hnn, my lord.
X^ C. X Does be cballoige him in respect
of what I said to him about the Outlandish
gentlemen, that thekinsr is to shew cause ? Or
bow does be challenge nim f
a^l STAIS TRIALS^ U Cuabibs II
IiRlfrprrf. Hy lord, be njB beliean he u
• fnend to Mr. Thynn.
JLC J. Well, let him be passed by tben.
CL of Cr, Sir John Mnstera. [^Vho did
«ot ap{)ev J
Sir N. Johnson. He says, my lord, he only
desires mdiffemit persons. ^
CL ofCr. Henry Herbert, esq.
8ir N. J, He challenges him.
CL ofCr. llichard Paget, eso.
^ JV.. J. He desires to see him.
L, C. J. Let him be brought into the middle,
Ihai he may look upon the prisoners.
Interpret. He has nothmg to say against
.Jam. [Then he was sworn.]
CL of Or. James Bucgone.
Interpret. He excepts against him.
C^ of Cr. Claudius Derolee.
Interpret. He excepts against him too.
CL rf Cr. Charles Beelow.
Interpret. He says he looks like a man, and
1^ does not ekoept against him. [And he was
fwom.]
CI. cfCr. Ralph BocknaB, esq.
Interpret, He challenges him.
CL qfCr. Thomas Earsby, esq.
Interpret. He challenffes faiim too.
L.CJ. Look you, sirj^. Johnson, pray teU
Imn he can challenge but tw.enty .
Sir N. J. He says very well ; he will not do
anymore. Hedenres thefiiTour, that those
that he ehaUenges may not come near those
that are sworn.
' L.C.J. Wdl, it shall be so; wewiU take
fare of it.
CL ofCr. Richard Oowre, esq.
Sir N. J. He excepts against him.
CL qfCr, George HocknaU, esq.
Interpret. He challenges lum. .[But then
die ^unt looking in his psqier, retracted the
<;faallengp, and he was sworn.]
CL <^Cr. Peter Vandenhagen.
Interpret. He says nothing to him. [Then
he was 8wom/|
* CI. cfCr. Widter Moyle, esq.
Interpret. He does not challenge him. [He
was sworn.]
CLafCr. Christopher Ripkey.
Interpret. He does not challenge him. [He
was sworn.]
CLqfCr. Thomas Henslow, esq.
Interpret. He does not except against him.
(Then he was sworn.]
CL qfCr. Lewis Doncarr.
Interpret. He challenges him. ^
CL (fCr, Peter Lecane. [He did not ap-
sr.] David Colli Faux.
Interpret. He challenges him, because he
knew mi. Thynn, they say.
CLqfCr, Andrew liodderlej.
Interpret. He challenges him.
CLqfCr. James Burk.
Interpret. He challenges him.
a ofCr. Daniel Grigsrion.
Interpret. He does not challenge him. [So
kevas siWom.]
^CL<fCr. Robert Jordan, esq.
l682[.--tffiif othen^ for Mwritr* [IW
Interpret. He challengB him.
CL OfCr. hucy Knig5ey,esq.
Interpret. He challengs nim.
CLqfCr. John Hayne, esq.
Interpret. He does no except against him,
[He was sworn.]
CL qfCr. I^wis le Coint
Interpret. He challenies him.
CLofCr. JohnBellier.
Interpret, He challenges him.
CL qfCr. James Froitein.
Mr. Williams, We clallenge him for the
kine.
CL of Cr. John M\ssey.
Interpret. He chal^ng-es him.
CL of Gr. Andrew Irimow.
Jfi/erpref . He cballeiges him.
CL of Cr. Nicholas Teufor.
Interpret. Hechallen^him. Hesaystbev
are all Walloons, and the^re he cbaUen^
them.
L. C. J. Why does he ^cept against Wal^
loons ?
Interpret. Because they l|ye always serVed
against the Swedes.
CL of Cr. John Lebarr.
Interpret. He does not ex(^ against him.
[And so he was sworn.]
CL qfCr. Cryer, reckon t^se, &c. Sir
Will. Roberts, bart. Moses Tharas, gent.
Richard Pagett, esq. Charles leeiow, gent«
Geo. HocknaU, esq. Pet Vandei^agen, ifent.
Walter Moyle, esq. Chr. Ripkey gent. Tho,
Henslow, esq. Dan. Griggion, ^nt. John
Haynes, esq. and John LehuT, g^t.
Then Proelamation ibr Informatin and Ph>«
sedition was made:. and a Chair las set for
the Count, at his request.
CL of Cr. Gentlemen, look upoi the pri-*
soners, you that are sworn, and h^rkea l»
their cause,"* they stand indicted prut in the
indictment, mutatis mti^atu/u— — aspinst the
peace of our sovereign lord the king, ni^ crown
and dignity. Upon this indictment tfey hate
been arraigned, and theTCimto hate ^verally
pleaded. Not Guilty : and for their trii, have
put themselves upon God and their ctintry 9
which country you are. Your char|^ is to
enquire, whether they, oic eny of thtn are
Gmlty of the offences whereof they st.ud in^
dieted, or Not Guilty. And if youfiDCthem,
or any of them Guilty, you are to fini what
goods or chattels, lands or. tenements they
had at the time of the felony and murdei com-
mitted, pr at any time since. If you fine them
or any of them Guilty, you fixe to equire,
whether they or any of them fled foiit : if
you find that they, or any of them fled for it,
you are to enquire of their goods and chittels,
as if you h^ found them Guilty ; if yon flnd
them or any of them Not Guilty, nor thakhey
did fly for it, you are to say so, and no Bore»
and hear your evidence. But if you ipquil
any one of'^the principal s
tmmm*^^f^
So in the former Sdition.
15] STATE'RIALS, 34Chakles II. l6S^.— Trial of Count Coningsmark [l6
m
L. C. J. That iai mistake, it must be dlthe
|irinci|»al8^
C/. of Cr. If ya acfrait the principals, you
are not to en^re if Cnarles- John Conings-
mark as accessary >^re,
Nr. Keene. May t please yoar lordship^ and
9M gentlemen that are sworn of this jury,
Teorge Borosky a.a8 Boratzi, Christopher
Vratz, and John Sten, the prisoners at the bar,
stand here indicted for that they not having
the fear of God befo« their eyeM^ but being
moFedand seduced >y tb« insngation of the
devil, the 12th day of Tebruary, in the d4th
year of the reign of thl<king» telonieusly and
voluntarily, and of thtf mdice aforethought,
did make an assaultopon Thomas Thynn,
esq. at the parish of tt. Martin's in the Fields
in this county*; and tiat the said George Bo-
foaky having in te hands a blunderbuss^
which he knew to b charged with four lead on
bullets, did dischoxe it at Mr. Thvnn, and
gave him four moval wounds, of which wounds
be languished tk the 13th day of Febru-
ary, and then «ed : and that they the said
Cbristogher Vriz and John Stem were tiiere
present, aiding assisting and abetting him to
commit the »d felony and murder ; and so
that they the iaid George Borosky, Christo-
pher Vratz, a>d John Stem, did of their malice
aferethougbtin manner aforesaid, murder the
faid Tbemairf^ytm. And Charles-John Co-
ninjpsmark, fle other prisoner at the bar, stands
indicted, fc that be before the felony and
murder afbftsaid, so done' and committed, to
wit, the l4i day of February aforesaid, did of
his maliceidbreUiought, move, incite, counsel,
persuade,md procure the said Borosky, Vratz,
and Sten^ to do that niiurder, a<piinst the
peace of fte king^ his crown and dic^ity. To
this indilment they have severaJly pleaded
Not Gu'iiy ; and you are to enquire, whether
they areOuilty, as they are cliarged, or no.
Sir Irancii Withens. Mj lord and gentle-
men, 1 im of counsd in this case for the king,
agatnstthe prisoners at the bar. There are
three € them indicted as principals in this
ttiurde, the fourth as accessary oefore. In
this cae that is now before you, gentlemen, I
cannoichoose but take notice unto you, that a
tnurdcof this nature has never been heard of
to be prpetrated upon English ground, both in
respei dT the person mur&red, and in respect
of thi ctrcumstaocfs of the fact. For the
persot murdered, was a gentleman of that
^ualt^ and estate, that be hath left but few
eymi behind him. That this man being in
hmcacfa, shfrald be way-layed, surprized, and
mnr^red, and this murder committed ui the
midsof our streets, is that wjiich works amaze-
mant in all English hearts. And our only
oomhrt upon this sad occasion Ls, that there
li na one native of this country found amongst
all tkee diat are aoeused to be instrnments in
this mibaroos ihct.
I tid observe to yoo, gentlemen, before, that
tiienaie three named to be principals; Bo-
ipakr, whom for diitfaictioii wSke^ I shall call
by the name of the Pokmder, Vratz, who is
called tlie captain, and Stem, who is called the
lieutenant. Borosky the Polandcr,* we say,
was the man that discbarofcd this bluniWhuss
against this worthy gentleman that was slaio ;
but thougli he was the only man thnt dis-
charged it, yet if we can satisfy you that Vratz
and Stem were with him at the same titue,
aiding and assisting him when he ^ave the
blow, they are as much principals as he tJiat
shot off the gun. It will be natural to open
to ypu what is said against this captain Vratz,
he is a Swede by birth,' and did formerly'
belong to count Cuningsmark ; he was a re-
tainer to him. Afterwards, I think in the war
he was made a captain. This gentleman had
been formeHv in cngland, but at th* last time
he came, which was three weeks, or there-
abouts, before the murder was committed, his
bodying was in King-Street at Westminster.
This captain Vratz, ue shall prove, did often
discourse that he had a quarrel with Mr.
Thynn, that several times before this murder
was actually done, he ordered his serrant to
way-lay his coach ; and upon that very fatal
day, the 12th of February, when this unhappy
accident fell out, having information that Mr.
Thynn was gone out in his coach, immediately
he puts on bis boots, ^ives order to his ser^
vant to bring his clothes to him atsudi a plare,
because he should remove his lodff tag, he said,
that night, that he should bring his clothes to
the Black- Bull Inn in Holboro, and brinsr his
horse thither too. "When he went from his
lodging, the Polandcr went along with him,
anu they came to the Black-Bull in Holbom,
where they met with Stern. We shall shew
you, that these three gentlemen being thus
anned, one with a blunderbuss, the second
with pistols, and the other very well provided,
rid out about six o'clock, the murder bcin^
committed about seven or eight. At their
going out, they enquired which was their wa v
to Temple-Bar ; they were seen to ride througn
the Strand to St. James's, the fact was doi:e
in the Pali-Mall, and we shall shew you the
way of it was thus ; Mr. Thjmn passing
through the street to go home in his coach,
three persons came riding up to the coach
side, and while the one stop|>ed the horses,
imniediatdy the blunderbuss was discharged
into the coach against Mr. Thyun, and gave
him those woun£, of w hich the next morning
he died, presently these three men ran away,
but one of them let fall a pistol upon tise place,
which I shall observe as a material circum-
stance against these persons, because we fihall
prove whose the Unnderbuss wns. These
things being done, this murder comntittcd, and
they gone away, it begun to work in pe(»ple's
thoughts, and 'circumstances began to eoine
out, Siat this blunderbuss should be orden*d to
be brought by captain Vratz, who had dis-
coursed with many persons about the quarrel
he had whh Mr. Thynn, and given enter to
his servant to way-lay his coach ; and theso
persons being rid out at that time, there was a
1
•
prjnci^abw Forlilefoiivtby feAtlenMO, eount-
Conm^fsmapk, he ki t pcMon of g^i*eat qoBiity^
anct 1 am- OKlniorduiary sorry to find the evi-
deuce 8» stroll^ agMii«t him, at my brief im-
ports ; I wbb m» ianoceaee were greater, aood
our Of idoBce less ; for be io^ a person of too
^frest ^fialky, one weuM hope, to be ooncenied
in * Untkg ot'this natiire ^ but thai he was iho-
main abettor and procurer of this barbarous*
bofltness, we sh^U prove upCM these grrounds :
Fifst, That he htd a design upe» Mr. Thymi'»
life; for, geiitleiB€B^ csomiBg; into Englaadr'
absiil three weeks before this matter was trms
sacted, first be lies in disgfbise, and livvs prin
vate, ' and remoxres hia lodging icom place' toi
place freauently ; tiiat he sent a person t9> tan
qiMNrof ttieSfWedfeh vesideiit, whether, oi« tto,
»f he shoald kill Mr. Thvim^iii a duel, he eoukl
by (he l&ws of England aftcrwaands nkarry ^m
lady Ogle ? So that Mr. Tbynn's death was in
pibspeel ftoin the beipuniag. Cientlemen, we
shall prove to you, as 1 did in soofts^ bmmmimi
open before, that the count himself ^Mu pleasied
to give sxpress order, tLat the Polander should
have a good sword bought him; tb^tbeilM
he came into England,, he was very mtlds
troubled, by reason of the stormy weather, ib^
fenr he should be cast away ; that he lodged
him in hi^ own lod^ng the night before ui A
act was perpetrated ; and* that captain Vratz
was the morning before, and immecnately affer,
with the count. Another thing, gentlemeir,
that t had almost forgot : The count was will*
iog to be instructed in the laws of England,
and enquired^ Whether a mau might lawfully
ride out upon a Sj^mday ? and bnng told, That
afler sermon he might; he was very well
satisfied ; and the day he enquired of it, was
the day that the murder was committed. After
the thing was done, count Coningsmaik, the
next morning, pretended he was to go to
Windsor, and leaves his lodgmg ; but instead
of going, to Windsor, (being still in his dis-
g-uise) be goes to Rotherhithe, by the water-
side, and weve, I thiuk, he continues two or
three days in a black peruke, (and that 10 dis-
guise enough for such a gentleman) and after^^
wards he goes to Gravesend ; but, ] tluuk, he
was upon the water some time, befisre he
thought it convenient to land ; and there he
was surprised in this disguise. And when h&
wav surprixed and taken, he sHewed hims(4f
to be in great disorder ; but being charged with
the fact, acknowledged i^othingoA' the matter.
But how it slioidd come to pass, thaft he should
lie so long disguised, upon no pretence that
caa be kkiowDy aivl afterward to pretend thflX
he had; a business to effect, aud theo be wa^
to g0 into Fi-auce, that will lie upon him to an-
swer. Butthcfse are tbe inducing evidences
that we give to you ; liis keeping the Polauder
411 his house, his. disgiiiung of himself, aad
hieeBquirtng, whether ii' be killed Mr-Thynn,
be might not marry my lady OgleP HisfOghft
the next day, andpotendiiiflf to§fo to WindsoVy
When he w«Bt qwie theotner way, and all ifk
sfrdisgHiM I 9fiA these wmwB not beviBg aur
C
BN«t wtfpittOD Ihet they 4iA il. Giaat- eave
fliere waetadi^y and g t im awe o s eaad^aeee
dsefttllMreweeld be, %o apprehend fkemole-
fm^ t m ; end by ^^aat providedoe it was fb<2iid
out at last, Utadi&is oitotaiB VralB^ aotordmg
to his word, had altered his lodging, and Was
Mtteedeetor'iihwMe, that lirod^ I tbitik, in
leieesler-FisUft. Bcfog there sufpfized, aa4
coBUDg upon his examinatioe, he did noS deey*
bet Im wee thanaoeaof tliathteel tiuft wtut at
the pleee wkair aed where Mr. Thym waa
murdered, but he pretended, he did ielend to
liijhl fain IB a dtetU and kill him fairly, as he
called it. But, gtttOetttem^ i naesl ohsewe
thk to ye«y ih itoy small tieie ef escpeiieiM^e of
tlewacidy I eever knew a mae ga tetghi a
duel, and carry out wilb him a secood wkh a
M ae de r bda^. 'if is noa {passible he . should go
with such a design as he' would inaiaeate, £it
rmtber wi^ aft iiiteflaia« of murder. For Ae
Fabmdery he €afec into England bet the Fri-
day befbre,, aed so we shall prove to you that
wiab will stick hand ueoe the eoent. Upon
FMey, he being hMMie% he eequires tw the
young count's tutor, which was at an aeadeiay
af aee Monsiear Faubert's ; and there he en-
qeines for the coeet's seeretary ; he lay there^
I lUnk, that night,, and epoa Saturday he wae
•sn v e ycd te the eoent's Mginga. There alao
ha was lodged for one night. Tbe oouat was
fheacd to baspeah ham a^erv gt>od swoid, and
eeoealbF hfaa, that he might be wellnrned,
■id these be lay ou Satasdey night, as I said,
the n^ht before the murdEsr waa committed.
Upae liendi^, ^emlemea, there beijig a mes-
sage sent to this do<^or, where Vratz lay, the
night following that ^e count would speak
wnh tbe doetory the doctor oame, aad the
doctor and the Polandef went away to captain
Vratz's lodging, and from thence to Holborn,
lathe Bleek-Bott^ and the captaift was carried
in as aaoch seeieey as be could, for he was
carried in a sedan ; and 1 think we shall be
able te prove,, by the persons that carried him,
that this wan the man. For the other geatle-
man, ^em, the lieutenant, as they call Mm,
be we« an aaeient aequaintattce of cantain
Tratz's, bad known him loo^ago in Engpiand,
and eampliuued to him, that lodgings might be
very dear ; but the captain told him, he had
a w4ig;n ; and if he would assist him as a brave
fellow^ -would niaiutaiu himj and he should not
want aaouoy to bear all his charges. But we
shall prove Hiat this was the third person ihat
rid out with the Polandorf and the oaptain ia
this garb that 1 told you of, this nighil that tiie
iaet was done. Jnd indeed, Gentlemea, «p^
their examinaliae, they have every ouo con-
fessed the faei; even tUePolatider confessed
that he did shoot nfS the bhiaderbuss ; 'and
Viets confessed that be was there, and the
keetanant $tem> an that if there had been no
msffo evidenee, ii would have bean siifBciont
W raaintinn the isaae, and id oar circumstances,
it is nose ^erhaf^ then oouid be eacpeotedb
Tkis^ gentkaaan, ia the principal som of the
avidonce, that will be given agamtt tho thrae
VOL, IX,
] 9] STATE TRI ALS» 54 Ca aelbs II. l6st.—TMal iff CoMf Camng$marJt [i^
Appearance, or any reason whatsoever, lor any
iMuticnlar quarrel to Mr. Thynn, but the count
having some disgust to him, upon terms that
the witnesses will tell you of by and by,
and beiug related to the count, we must leaTe
it to you to judge, whether these gentlemen
did it sin^y and purely upon their own
heads, or whether they were not set upon it by
the count. ^
SirJV. Win. My lord, I shall not trouble
yo« with repeating of our eridence, but we
will begin and cbU our witnesses, directly to
prore the murder done by these gentlemen ;
ve will prove the (act downright upon them,
•ttd then we shall afterwards come to the
Qomit.
Mr. WiUiamt, My lord, first we will direct
cndenoe to the principals^ and then to the
accessary. ^1 William Cole and William
EUers.
' L. C. J. 9wear some person to faiterpnt the
tfridence that shall he given : I do it for the
sake of the aliens that are of the jury; for
tome of them understand no English, and they
will not know what to make or the evidence,
if they do not repeat it to them in their own
language.
Theu Vundorc and Wright were sworn for the
King.
Sir N. Johnson. My lord desires that the
doctx)r and the tailor that are in prison may be
seut for, to be here, for they are witnesses for
hiui.
Sir p/'d. Winn. We desire thej may be here
too, for they are wjtueMses for the king, and 1
believe they are here, my lord.
Sir iV. J. Mr. Vandore does not speak
French.
Sir W. Roberta. Mr. Craven speaks Dutch
and French very well.
Mr. Craten was sworn.
Sir A^ J. The count desires the fiivoor of
pen and ink. v
L. C. J. Let the count have pen and ink.
Mr. Wiliiams. Call William Tole and Wil-
fiam Ellers. (Who appeared, and were sworn.)
Which is Winiam Cole? Set him up. Ac-
quaint n)y lord and the jury how Mr. Thynn
was assaulted . nnd the roatmer of it.
Cofe. My lord, my master was cominff up
St. James 's-street from the countess of Nor-
thumberland's.
Sir Fra. Winn. Name your master.
Mr. Williamt. Who was vour nuister?
CoU. Mr. Thynn. Amf I hati a flambop.u
in my hand, ami was going bef«)re the coach,
and coming along, at tliu loivt^r end of St.
Albsn's- street, I hearJ the bhiRdf^rbuss go
off; so upon that £ tinned my face Lack, and
«aw a gteat smoke, and heard luy roaster cry
out he was mur>lered : And f sec three horse-
men riding avray.on the right-side of the coach,
and I pursued afler them, snd cried out mur-
der: I ran to the npper and of the Hay-
market, till I was quit« spent, ami wss able'to
(|« BO further; and tnmingback again, my
master was got into thef honsa, and I wider'
stood he was wounded : That is all I know.
Mr. WiUiamt. You say yoa haard a blonder-
bus . go off, and taming back, ycfn saw iSmtet
men riding away from me coadi ?
Cole. Yes.
Mr. William* Look anon the prisoners at
the bar : Can yoa laj an of them, or any of
them were the men ?
Cole. Ni»,l cannot; Ididnotseetfieirfiux^
hot I saw Ae horse of one of them was a Itttin
Imkv horse*
Mr. William. But do yoa take any of thoi^
mentobeoneof tbethreef
Cole, I did not see any of their laees.
Sir Fm, Wirm. What time of night was it f
Cole. A qnaiter after eight
9tr Fro. Winn. Pn^ what day of the week f
CoU. Sonday.
Sir Fra. Winn. What day of the month f
Cole. The lltfa or 13th of Febmary.
Sir JVa. Winn. Then, where b WilUani^
EUers ? Ptay do yoa tell the coort and jury*
how Mr. Thynn was wounded, and by whon%
and what yoa know of it.
Ellers. My lord, I came with my master
from St. James's-street, from my lady Nor-
thumberiand's, and as I came at St. Alban's*
street, there oame three men riding by th«
right-side of tlie coach, and as they nd, one ef
them turned abont, and bid me stop, you dog ;
and just as I looked about, the fire was let into
the coach upon my master, and the men raift
away as fast as they could.
Sir Fra. Winn. How many were then of
them t
FAkrt. There were three.
Sir Fra. Winn. Were those men at the bar^
or any of them the persons f
Ellets. I cannot tell.
Sir Fra. Winn. What were the words the^
said when the coach Was stopped P Hold, boh),
or stop, vou dog P
Mr. WiUiams. What condition was yovE
master in tlien? Wss he shot then ?
tilers. Yes.
Mr. Williams. We will gife you some evi-
dence now out of their examinations.
L. C. J. You had best give some evidence
of his >vounds.
Mr. Williams. Yefi, wo will. Call Mr. Hobba
the surgeon.
L. C. J. L(K>k you, Mr. Craven, you hear
what these witnesses say, tell it to the genUe*
men of the jur}* tliat are outlandish men, Thai
the:re witnesst>s swear, there were three men
did do this thing ; the one of them stopped the
coach, and die other shot into it, but it was a^
that time of' night, they could not know tlieir
faces, and they uil rid away.
Mr. Craven, My lord, if you please, the
witnesses may speak by degrees, and bet w een
every witness 1 will give the jury an account.
L, C. /. W ell, it shall be so ; but they say
no more than what I tell yon, That three men
did do this. Then he uterpreted it to thr
Jury,
11] STATE TRIAL?, 34 C04I&I.S& IL iSh^^^^mndalursJvr Murder.
Mr. Crweeit. He gays he ban that three
ttOD did de it, but he says, he does not hear that
ihejkBetr anj of theno.
Then Mr. Hobbs was sworn.
[t1
Mr. Wiliiaau. Had Ton the searching' of
Mr. Thynn's body «fter it v as hurt ?
JETtfMs. Yes.
Mr. WiiUams. How did you find him t
HoUn. 1 was with hnn^Hir, that night he was
viNBided, and I ibiiiid him sliot with four bul-
kls, iHuch entered iiite bis body and tore his
gob, and wounded his liver and hia stomaeh,
and his gull, and wounded his ffreat guts, and
biisniattflrnts, and broke one of the ribs, and
woonded the great bone below.
Sir jRno. Whuu What time came you to
him?
AiUf. Abont 9 or 10 of the dock.
Sir Fra. Winn. Did he die of those wounds?
IMfo. Yes, he did die of diose wounds.
Mr. WiUiams. Did you apwehend them afi
unUii, or any, or wfaioi of them ?
Holit,. I Miere there was never a wovnd
bat it mightjnrore mortal.
8k Fm. ITtmi. Now tell ns what day of
tiiewe^ and what d^ of the month it was.
HoUs. It was Sunday night, the ISth of
February, I thmk.
ImC. J, What did you obsenre of the bul-
leJts; was there any thing done to them more
than ordinaiy ?
floMa. I oeuhl not see any thing, I have
taCBi herey floy lord.
Lord Chief Banm. Were they iron or lead ?
Then Mr. Hobbs delivered them into Court.
Bohbg, Two of them, the little ones, may
be iron ; for one of them went through a thick
bene, and yet there was no impression on it.
X. C*. /. And this that has the impression,
yon think might be done against die bones.
fioMi. Yea.
L. C J. Was this left ragged on purpose to
4o the more misphief ?
Hobbi. Which, mv lord ?
X. C. J. This that is left at the end here.
Wonid this be more mortal than another bullet,
«r harder to heal?
Hoifbs, No, but as they take up a greater
nee in flying;
X. C X Would not the raggedness hinder
Aebeafiag?
EM9* No, only bruise the flesh, which
kuised flesh mnst oome away before it can be
healed. All ballets wound by bmisiug of the
flesh.
X. C. X. WeQ, these were the four bullets
4pat were found in Mr. lliynn's body ?
floU*. I verily believe they are. Dr.
Lavar bad them OQt of nty bands for a day or
V&% but I believe them to be the same.
X. C X Was there any lodged in the
ilMBaeb?
MM$. Yea, one of the httle ones.
LC/j' Bad tbey broke the great bone?
HM$. Yes, the great bone in the bottom of
the belly.
X. C.X Twoofthem?
Hobbs. A great one and a httle one; two of
them passed through that bone, and lodged in
the back-bone.
X. C. X W as any of them gone through th^
body?
Hohbs. Oce of tbcm lay between the ribs
and the sidn.
X. C< J. None were got quite through then ?-
Hobbs, None.
Hir Fra. Winn. Call the Coroner, Mr.
White.
X. C. X Tell the jurVi Mr. Craven, vfiink
this witness has said. ['1 hen he interpretad
it. >
X. C. X What says that g^entleman ?
Mr. Craven. He says 'lis very well, ha
understands part of it
X. C. X Db thereat of them understand it?
8ir N. X He told it in French to the others.
X. C. X Let Mr. Hobbs have the buUela
again when the jury have seen them.
Then Mr. White was sworn.
Sir Fra, Winn. Now we wiU ask the Coroner
a question or two. Pray will you acquaint
my lord, what you know of this murder of Mr.
Thynn.
White. On the 13th of February, in tha
afternoon, I sat upon the body of Tlionias
Thynn, esq. and I tound he had four holes on
his right-side, behind his short-ribs, and they
seemed to be like holes made with buHetSb
And ^g^^^ order to o|)en the body .
X. C. X And there the bullets were found ?
White. There the surgeon found them*
X. C. J. Were you bv ?
White. I was at the taking them out.
X. C. J. 'Tis fit that the Polander should
have one to interpret what is said against him.
Mr. Wiliiams. Captain Vratz, you hear what
is said, and understand it.
Interpreter, He says he does understand it%
Mr. WiUianu. Fray tell the Polander wha&
19 said. That is, tlie two first initnessea say,
three persons^ assaulted the coach, and one
shot into the coach, dnd by that meanF. Mr.
Thynn was killed, by the shot out of the blun-
derouss : And the surgeon does say, that these
four bullets Here found in his body. [Then it
was interpretfid to the Polander.
Interpreter. He says, my lord, he cannot
tell hov^ many i>iiUets were in, he did not
cbai'ge it Ininsetf, but be tired it, he says.
Hir !></. Winn. Wo confesses he tiret) t^ien.
Sir W. Roberts. My lord, the jury desire to
know if the Pole can tell who did charge it?
X. C. X Ask him who charged it.
Interpreter. He can tell, my lord^ he says.
L. C. X It will not be very (naterial that, for
his evidence can charge no body but himself.
Sir Fra. Winn. Now, my lord, if you please
we will call those peiwjns, the justices of the
peace that examined these men upon their ap-
prehension, fur the murder of Mr. Thynn.
p
Bridgman, Yes, I was. And these were the
eaamiBBtioiM that were taken.
Sir Fra. Winn. Wei'e you by all the while f
Bfidgman, ^r i.ohn Reresl^ and I did take
these examinations *. And I will read then if
|F«u please.
L. C. J. As to that, let it alone, if you please.
Mr. firidgaian, when the Poknder was exa-
Mined ooaoernini^this murder, what did hesay f
Bridgman. He owned it, to the best of m^
remembntfioe ; hut i refer la theexaooination if
L. C. J, Look upon it to refresh your me-
mory, Sir, and then tell us.
. Mr. WUliama, Looklhst what the Polftilder
•aid, and then we wfll go on to ethers.
Sir Fra. Winn. Now, Sir, will you pAease to
acquaint my lord and the jury what he or any
of them confessed of the fact.
Z. C. J. What the Polander oesfessed first.
Bridgman. The Foiander, «pon his examifia-
tiaa befiire air John Reraebv and <ne, did wm.
that he came into England at the desire of
iMunt Cooinffsmark.
* L. C J. Speak only as to himself ; f«r it is
svidcaeeonly against nimself.
9it Fra. Winn. My lord, his eoafession is
matAte, and we oanH separate it.
L. C. J. But we tnuat Arect what is ^mt
and fitting. His evidence can ehar^ no body
but himself; and that is the reason t wonJd not
hare his examination rea^ ; for it cannot be
read but only against himselT.
Mr. Bridgman. Upon his «xaminatioB he
oonfsssed, that he was pcesei^t when the oafi-
tainetapped the oeach ; that he fined the saus-
2uetoon ky the captain's order ; and that before
e did it, the captain bid him, asssOTi as ever
Im had stopped the coach, to fire.
. «ir Fra, Winn. IMd he confess he did fire P
Bridgman. Yes, he did.
X. C. J. North. As he does now.
L. C. J. Look you, now do yon isH the Po-
iander, that the evidence against him is, «hat he
ilid fire this musi^ueloon, or UundeiiHiss, or
what you will call it.
inierpreier. He d^es confess it.
" . ' ■ ■ — • — ■. ■ III..-
* ** These Examinations are i&sevtad attfaesnd
of this trial, the chief justieei out of Ikroor to I
4M>ant Cooiugsmark, not perraittinff them to be
read in court, as he ought to have done ; fivr the '
examinations are indeed no eridi^nce against
Aoy butiheexaminant, yet are they not to be
suppressed beoanae nanaing otbeis, but onght ,
nevertbeles to be read, thougli witli the
fifiiMsaid cantioa to he given to the jury, ether-
^^e the most material evidence might be quite
Mgleeted, since ail eonfiwriaas niiist be taken
ffflcre* or not at aU.'' KoteJA imam sditiMi. I
n] STA1£ TRUI^, 34 C1IMI.BS IL 1 68fi^«Mi/<^ C^mt CmumgMsrk [24
VOali Mr. fiindgmidi md eir John JhM*y. L. €./. 3M4iviWhatiMr,tfiat4his «ri-
[Who were sworn standing upon thetendi. j deneeis giw agniit him t That te 4id ^-
Interpreter. My lord, ne says the blander- taeriy wSauomlAge hcdis<^fgedtfag ido n fis r
liuss fwas giFon fatm by the eaptain. buss into the coach, when 4»pta9a VniB u^
1 Sir Fra. Winn. Mr. Bric^man, wmfc you ped the coach.
by at the tidnng of the ezaminaftien 4if these Interpreter, Yes, my lord, he says it is
trae, he fired aoeonKng to his order.
Sir Fra. Winn. Pray, Sir, ooDsider "whak
was confessed by the captain.
Bridgman. He confessed he had a 4ls8igii to
fight with Mr. Thymi, and Mr. "VlbYciB tering
several timesrefuaed to figli* with ikta^hie ve-
solved to«hHgehim to -fight (by dbroe, and
therefiire he had taken these fensoas^ilaog-widi
him ; that if he should fail in his jreyenge, «r
after the thing done he shevld be pursmad, 4m
might make bis jesoape. He^saodesBed ibe-was
there, and slopped the coach, hat the JM^aiaii
fired by mistake ; for he did not bid him Ana,
but only in case he should he Jnodered fiom
figfatiflg or aaaking his esoope.
jL. C. J. He confessed iie osme to fight Mr.
ThnwP
Bridgman. Yes, lie did so.
L.C.J. Andthct he stopped the coaehf
Bridgman. Yes.
Sir /rs. Wkm. You said lAtfAediaogwas
done, what was that thing P
Bridgman. After he had faaght, in 4Mse he
should be stopped in his escape, be^Hd iiie P<^
laM^ttT fi rB
fik Fn^ mnn. Did he confess any tiriiif ef
the delivery of the gun to him P
Bridgman. HeoonfVMSod'the IV>la«dcr had
die gu.i, but he said nothing firem iwlioaB lie
faadk.
JC. C. J. Now captain Vratz, yo^ bev wihat
is said against you by this gentleman ; that you
owned yau came Ihithsr with a design to fig-ht
Mr. Thy on, and foroe hiss to fight if hesbooid
not be wiUing ; and you bsought these ■son
with you to carry yon off', in ease you eh«uld
kill ium ; that 310U didstop the osach, «Bd you
said you did not give him ordei' tofire«Blee6 he
refused to fight yon.
Bridgman . N o, unless he cohU not make km
escape.
L. C. J. Kow what say you to this ?
Ahr N. JisbsuDn. He wires to uoderstBBd it.
L. C. J. Whv then speak itto him, yaii that
arc rhe uatforpaaer P
[Then Mr. Craven interpreted it ta bin in
French.]
L. C. J. Now speak aloud, and tell iis «fbat
he says. '
Mr. Crtum. He says it is very true, that he
was there, and bad that gentleman and the l*o>
lander along with him as his servants, Mr.
Tbynn being a gentleaaan fiiat had always a
gi eat many servants about Iiim. And be s^,
mv lord, that be had received an affioiit feom
Mr. Th^nn; upon that, be dialleaged him,
and sent letters oat at' lioMand ts desire hbn
to give satisfectioB by fighting, but cwdd have
no satisfaction ; and therefore because in M^aig-
landHu«>lswerel(Hhii',hetbs«gfat to aaabe a
renesnoler ai st, aad 4^ these fsutlsnea
3
H] ffoant^muMA,
kktt, tiiat tf«o lie Mr. i^jnn's
«h«aMtt9««tthiiiii, «rkn9eklte jm
li, «r hinder Irim liW caoapiBg', 1b«t
fc, that yott iwmi«[ aAfem one ^wertiOD, imd
Atttis, WlwtilieafitMit^vM ^MtMr. Tbyim
fVPehiiiiP
X. C J. That he apprehends be g«^e him ?
f1%e laterpretoriKked hin.^
Mr. Crtnem. Myior<l,4iefn^8, tfaattttHNfh-
VMnid he heard be ^Mkeand gmye out very til
^fygc of count GomngSHiaifc, kHio was. hi3
fiiew), and a nan he had many obh^tieiis to,
aad ao of hmeelf too, and he woold never ac-
^oaiot count Coiuiigsmark with it, but would
hare satisfaetioB, and take Ihe quarrel apon .
hinadf,lieta|^ a mrtleniaD ; he says, that he
heard that he called him Heetor, and fjave widi
ai kngoaflre as was never to be eoffered.
Sr N.Jokmim. And the ^hion in Germany
ia, if Aey wwa't^^ to shoot Aein.
*ir Fra. Winn. How can you tefl that, Sir ?
the mierpreter <bat asked me question says no
such thin^.
L.€7j. Pray wiHyouaskhimthis, whether
ever he saw Mr. Tbynn, and bow many times ?
Mr. Craven, fie si^s he. has aeen'him «e-
vsnrf Imes in the f^^house, and ndin^ in his
coach ; he did not see hhn at Riehmood, for if
he had, he woold not have put it op so lon^.
Mr. Williams. I believe be never spc^e to
fain in his life.
X. C. J. Ask him that question^ whether he
ever spoke to bi^A?
Mr. Crtseen. He says he had no fiiend to
«wd to Mr. Thynn, and he eo«dd not speidc
with Mr. Thynn himself; for Mr. Tbynn
fsight think Aat he-wM not a gentleman good
caongh to fight with him.
L. C, J. Ask him this, aboot what time he
saw him at the piay-house.
Mr. CrowCTi. He says be does not remem-
ber exactly the time when he did see him at
<he plMr-hoose.
L. C. J. Ask him vi4iefher this affront that
4e pieteuds, was given skiee be last came over
ar when be was in England before P
ifr. Crttcen. He says it is eight months ago
since he neoeiTed the affhmt.
L. C. J. That was before he went out 6f
^laod?
Mr. Craven, Yes, it was before.
8Br.PVv.lFmn. HesayshewritioMr. Thjnn
'Sutof H<^nd ; we desire to know, by. ivbom
be sat his challenge ?
L. C. J. Ask him if he sent a challenge to
Mr. Thyrai and bv whom ?
Mr. Craven. He says he could send no less
tinD a genllemaii ; and he had never a gen-
deman to send by, and so he Rent his letter by
the post.
Mr. Wiltiams, Mr. Brid!^mfm„ now we
vimid ask you concerning l^lr. Stern, the third
BrUgman. I/et me have the examinyljon,
ntf I «nll KnA upon it and teU you.
MEc WUlimi. »Riy,do,6ir,^41«s«rfaitW
said?
Mr. J3ri^||man. Upon hi^ eooimiaaliaa he
oonfased, that the eaptmn tcdd him he had «
quamel wnAk a geodenaa, aad tbitif he mmAi
assist him in it, he would make his fartnac.
And that the «aptaiB gave himoaoneyto buy
the blunderbuss.
9k Fra. Winn, ikmok did omfass that, did
he P Bridgman. Yes.
JLC.J. Did he oonjaas he was atlfaelhstf
Bridgnmn. Yes,hecoafiBBaedhe wasattho
fact ; and he said when he oame beyond Cfaa-
liae Gross, he was about ten yards before^
andPhe heard tbe captain say , stop, to Oie cmi^
upon which be tamed aoaut, and pme^rily
saw llie shot made, a&dhe saw the otherper-
sons ndeaiway, and he made away after them :
andlbe captain further told him, that he would
iriae :t«« or tbve, or £B«r hundred crowns, to
il«da man that would lotll Mr. Thymi.
Sir Fra. Wmn. What 4lid he qieak abevt
stabbing, er about an Italian ?
BridgmtM. He said tbatihe eaptaia dashed
him to Mt an ItaUai^ that wojU atob a man,
and 4hathe ««mU get two paniaris for that pur-
pose ; and that it was before the Polonianoame
over.
X. C /. This is DO evidanae againat the
captain ; but pray nfiUyanteM Stem the heutea*
ant wdiat it is that Mr. iDridgman does testify
against him ; that he ackaowladged thus and
fhus before him. And pray i^ieak it again, Mr.
Bridgman.
Eridmmn. Tbe4iaptain told Aatgoatiemaa,
that he had a quairel with a gantleman, with
whom he was resolyed to fight ; that he wasted
a goodaeirvant, and if be would asskt him. be
would make faia fortune ; that he gave bim
money to,buv the- musqnetoan, and owned he
was there ; that he went out with the captain
and Folander on honebaok, afamit fiva «r sia
o'eledc on Bmiday ; that ihey went towards
Charing^ross, and when they were gone
beyond Charin^-eross into the Pall-MaH, he
heard the captam say to the coachman, stop- :
and turning immediately, he saw the shot go
off; and that theyridmg away, he followed
them ; and that before tbe Pdander came aver
the captain desifadhim to get an Italian to atah
a man.
[Then that was indcrpveted to iitem.]
Mr. Craven. My lord, he denies Ihat i|e
spohe any thing of tour hundred poo&ds, #r
alMHittbe Italian.
L. C. J. Tel) bim it is testified, that be csn-
iessed ho was at tlie shooting of this gentleman.
Mr. Craven. He says l»e was there, and
brin^ about ten yardi o(F, he heard one aay
Hold, to the coach, but he cannot say it was
the captain.
8ir Fra. Whfin. But was he tbei'e ?
Mr. Craven. Yes, he say s he was.
8ir Fr«. Winn. Who caused hioi to be there T
L. C.J. Ask him upon what occasion he was
there?
Mr. Craven, He says tbe capiaia entfeatid
t7] STATE TB I ALS, U tnknhn If. . 1 68t.-*7Wir/ of (^mt Ccningmaark [tt
bim to be thereto be bb second, to figbt with
a gentleman, aud that was the reason*
L. C. J. Pray tell him it is testified here,
that he bought the musqaetoon and charged it.
Mr. Craven. He says, he did assist at the
loading of it, he was by.
Sir Fra, Winn. Pray, ray lord, let lis know
who it was asdsted him ?
X. C. J. Why, that is no evidence against
any body.
Sir Fra. Winn, But, my lorfl, it was deli-
vered to the Polander charged, and we desire
to know who loaded it r
L, C. J. North. That is no evidence ; but
yet the question may be asked, and then the
jury may be told it is no evidence.
JL. C. /. But We must not let the jury be
possessed by that which is not evidence.
jL C. J. North. Pray will yon ask him,
Mr^ Craven, who helped him to load the gun ?
Mr. Craven. The captain was by, he 2a;*s,
and the captain and he did it together.
Sir Fra. Winn. Now we wiUask Sir John
Reresby the same questions : you were by, Sir,
at. the examinations of these three men, |>ray
what did the Polander say uponhb examina-
tion?
Sir John Rere$by» My *lord, I cannot charge
my memory wijtfi the particulars ; but if your
lordship pleases, I will read it
X. C. J. No, refircish your memory with it,
and then tell us the aobstance of it
Sir JoAji Rere^jf. In general, he did confess
to me, thai he was the person that did discharge
the blunderbuss into Mr. Thynn's coach, and
that he was commanded so to do by captain
Vrata.
L, C. J. That is the substance of all.
Sir Fra. Winn. That is as to him ; but what
did Captain Vratz say P
L. C. J, He said mat he did go out with an
intention to fight with Mr. Thynn, and did take
these persons with him ; that he did not order
the Polander to discharge, but he mistook
lum when he bid the coachman stand, the
other apprehended he bid him shoot, and he
did so.
Mr. William. What said Stem?
Sir J. Reresby. Stem did say this, that the
4Mtain told him he had a quarrel with an £ng-
. lisn gentleman, and desired him to go along
with nim and assist him in it, and be his se-
^nd ; but, said he, 1 was chieHy carried out
#0 keqM^flr the people, in case there should be a
croud about them when they were fighting ;
llus is the chief part of what tliey did confess.
X. C.J. We would not trouble you with
more tlian is material. Did he acknowleilge
lie was there at the time when he was shot ?
Sir X Rere$bjf, Yes, he did, about nine or
ten yards off, 1 think.
L,C.J. iJl three confessed they were there?
Sir X Rtn$by. Yes, they did so.
JL C. J. (North.) Tbev had a design of
Uliiig, which was unlawful.
Ba X Rere$by. They said they cameonpnr-
piVtto fight
Sir Fra. Winm. CaU Mkbael FenidcratoD*
M^ lord, we would willingly spare your time*
and offer only what is proper m tliis case, and
now we shall produce our evidence against the
Count, and if any thing fall out ia that evi-
dence that touches these tlu*eeinen (which wt
think will be but the killiug of dead mitu} yovir
lordship will take notice of it. Now wc shall
not go to open the heads of our evidence
against the connt Sir Francis Withens baa
given an account of the general, and our wit-
nesses'wiU best declare it
Mr. Williams. We will begin with Frederick
Hanson. [Who was sworn aud stood up.]
Uow long have you known count Conioga-
mark ?
Hanson. A matter of four years.
Mr. Williams. Pray do you remember his last
ooming into England ?
Hanson. Yes, my lord, I do remember it.
Mr. Williams, Then let ns know the time ?
Hanson. I think it is above a montli since.
Mr. Williams. Where ^vas his lodging first f
Hanson. The first time 1 saw hiai was in tba
Post-bouse.
Mr. Williams. Did he come privately or pub-
licly ?
Hanson. Privately, to my best knowled^.
Mr. Williams. W hich ^ras his first lodging f
Hanson. In the Hay-Market
Mr. Williams. Where there ?
Hanson. At the comer house.
Mr. Williams. How long did he oontinue
there?
Ifaiuon. A matter of a week.
Mr. Williams, Pray in all that time did he
keep privately at. home, or did he go abroa4
sometimes?
Hanson. 1 believe he kept his chamber all
the time.
Mr. Williams. Were you with him at any
time there ? — Hanson. Yes, 1 was.
Air. Williams. What company did use t6 be
with liim to your knowledge ?
Hanson. To my knowledge I have seen Dr.
Frederick in his company.
Mr. Williams. One Dr. Frederick, you say,
who else ?
Hanson. When I came from Whitehall on a
Sunday in the evenintf, when my lord was
going to bed, I called, if I could be admitted to
see him, so I went in to him, and a liule alter
the doctor came.
Sir Fr. Winn. Pray, Sir, at that time thathe
was in that lodging, did he wear his own haic^
or was he in a msguise ?
Hanson. That Sunday night he was in his
night -cap and night-gown, ready to go to bed.
Mr. Williams. When j^ou first came to him
to the Post-house, did you go of your own
accord, or were you sent for r
Hanson. Count Coningsmark sent Ibrme^
Mr. WilliasHs. Was it sent in his own name^
or in the name of anotlier?
Hanson. It was in a strange mane, Carlo
Cusk.
Mr. William. Have yoo the note by yonf
JTcMKm. No.
Mr. WiUiams. hk ^vhose cbanicter was it
vrit?
Hantm. In thje t»nnt*s own character.
Sir FV". Winn. What was, his name in his
fee lotlgia^ ? What title was he called by,
captaiii, or what?
Hanson. I know of no other name but only
291 STATE TRIALS, 34 Charcbb I!. l6^%.^tknd<fiher§Jw Murder. [SO-
]rou are a man of onderstanding', did yoa
frequently see captain Vratz in his company f
Mow often do you remember you saw him at
his lod^ng ?
Hanson, I do not remember that I saw
captain Vratz at that lodgings above one single
time.
BIr. WUlittfM. Pray, Sir, thus : Did captain
Vratz come with the count into England thia
last time ?
Hanson. To my best remembrance he did.
Mr. Williams, You say captain Vratz came
with the count to England.
Hanson. I belief e he was before the count,
but not long before : I cannot exactly tell.
Mr. Williams, How long bei'oretne count?
Hanson. Truty 1 cannot tell, bot I beliere
not long.
Mr. Williams, What makes yon think he
came into England with him f
Ha/ison, Because I saw hini in oompsny
with the count, as soon as I saw the connt.
Mr. Williams. Were they in oompeny at
the*po8t-faouse ?'^Hanson» Yes.
Nir Fr. Win, And you saw him eiwe at Ini
firht lodging l*—£ran«on. Yes-
Mr. WilTiafns. Ptay, Sir, haTe you carried
an^ message from the count to the Swedish
resident ?
Hanson. My lord, I can say tliis upon my
oath, to my best remembrance, count Coning»*
mark nerer charged me, or gave me any ])osi<'
tive order to go to the Swedif^h envoy, but ho
diti name the Swedish envoy to me, as if he
were willing to know his advice; and so f
being obliged to pay my respect to the Swedish
envoy, who had treated the young count and
myself very civilly before ; and so paying raj
respects to the said envoy, I did remember the
conversati* n I had with the count, and spoke
with the said envoy about this business, and
that is all that I can say.
Sir Fr. Win, What was that message ?
Hanson. I say there was no direct message :
But I say this was the business : count Uo«
ningsmarlc told me in prirate fiimiliar dis-
course, that he had lieard that esquire
Tbynn had spoken some abusive langfoaffn
of him, and he would tain know what uo
consequence of this would be if he eboold '
call him to account about this business ? And
he named the Swedish envoy to me: And
I saw his desire was to know his opinion
about the busiuess, what the oanseqnence of it
would be. So 1 spoke to the Swedish enyoy^
and he g*ave roe this answer. That if the Obnnt
should any way meddle with esqnire Thynn
he would have but a bad living in England (^
bitt what the law wonld say in that partieular
case he could not answer, but he would en*
quire, and atterwards would give me an ac*
count : but I never spake with him after.
Sir Fr, Win, I ask you, beoause you haro
bceu formerly examined in another pifoe,
about this matter ; do you remember anything
that ever yon heard the count ipeekilig w
fighting with Mr. Thy no ?
Sir Fr. Winn, Was it known to any person
in die family ? -^Hanson. No.
Mr. Willunns. When did he remove from
tiience ? — Hanson . I know not.
Sb" Fr. Winn. Yon say the first place of his
M^Dg was in the Hay- market, where did yon
wee him the second time ?
HcuMon. At a corueriiouse, I know not the
ttune of the street.
Sir Fr. Wiihens, Did he direct you to come
tohim?
'SUt. Wiiliams. Had you any discourse with
him, what his business was here in England ?
Hanson. I asked liim, if we should have his
fompany here some time ? He told me he was
l^»me over about some business, and was after-
wards togo into France.
Mr. Williams. Then he never told you what
^mt badness was ? — Hanson. No.
Mr. Williams. ^Vhere was his second lodg-
(pg, do you say?
Hanson. It was at a comer house^ not above
two streets. oflTfttMn the former.
Mr. Williams. How long did he continue in
his second lodging ?
Hanson. A tew days, because the clumney
lid so smoke, that he could have no fh-e made
IP It.
Sir Fr. Winn. Then I ask you in his se-
eeod lodging, was he tlierc publicly or pri-
Tstdyf
Hanson. He was there afler the same man-
ner that he was in his first lodging.
Mr. Wiliiams. Whither went he afterwards?
Hanson. Tb St. Martin's-lane, I think it Is
foHed.
Mr. WUliams. How long did he continue
there?
Htnson. There I saw him the last time be-
fore he went away.
Mr. WiUinms. *When was that ?
Hanson. It was Sunday evening, after I
oame from Whitehall.
Mr. Williams. Was it near the time of kill-
kig Mr. Thynn?
Hanson. It was about two or three hours
afterwards.
Mr. Williams. Was he as private there as he
was in his otlier lodgings ? — Hanson, Yes.
Mr. Williams. What company came to him
fliidier?^
Hanson. The same that came to him in the
idler.
Sr^r. Win. Who were they?
Hanson. The doctor was in his company.
fkeFr. Win, And who else?
Hanson. I saw one captain Vratz there.
Sr Fr, Win* Sir, I ask you upon your oath,
Haiwm, CooBt CoBiagmlark spoke to hm
in the Germki luDffuage ; I spoke to the
SSwedish agent in French ; and when I was
before the King and council I spoke in English;
tfierelbre I desire no eril construction may be
nade of it. I cannot remember tiie count
spake of killing or duelling. On the contrary
i oan swear for count ComngsuMurk this, That
1 am confident he never told me that he had
resolved or would fight with Mr. Thynn or
wonid eall him to aeooant, bat if he should eall
kim to aooouttt, what would be the ooaavquence
of it.
Sir Fr. Wm. Call him to aeeovmt abe«it what ?
Hanstm. The count in faniliar diseoufse
ivith Hie, did teB me, that he had heard esquire
Tfa^n had spoke abnsiveW o^kim.
Sir Fr. Win, How had he spoken abushelfjv
•fhim?
Hanson. He veieeted npa» hi» pereaB aad
aywi bis hevse;
ftfp. Wiiiiunm. Was there mv thine m that
Message about marrying my lady Ogb?
Safuon^ That was the last part «i' the qiie^^
iNbv '^^^ if ^ should meddle witlr eiX|«re
Thynn, what ths eoneemeBJce mif^ be, if
ttie hrwa wi Englanif wouM be contmy to him
m the hopes or pfetensions be might faanre to
my lad V Ogle.
tfr. WiUiams. Yon mince your words migh-
ty 'y, pray femember y e wjelf ; Did be speak
of kilfing Mr. ihvnn, or thati Mr. Tkymi
jtbovdd her destroyed ?
Hamon, No, biff phrase was, if he should
hare wm aidnmtage ef hhii^ wheof he shonU
meddle wiin bimy or eaJl bimf to aa aoee«i%
trhattbercoMB^paeaceKriiifatbe; I eilwsay this
mp^tk niT eoas ji f ce.
Sir JV. Win, Sh*, yeit are in & place wheie
y«« ai» swvna to spede the truth, the who^
trath, and nelking b«t the truth: Whait
relation have you to eotaat CooiDirsmaNrk's
fiuDily P
Hmtmn. I have m> voiatioB to iSk% ftftnily
•tall.
IKrJV. Win, iore ttat ysu g i w e f s t t»the
ymag c4wit?
HssKm. Thecooatssa has gitcn me her
ymmgvff son^ fcr me to be Ms earapoiiion in'his
1 682.^7VM 0f CmM Omtngmntk [Sd
L. C. J. Pray, Sir, thus : what ivaa the dis-
course, as near as yo« can remember it, be-
tween count Coningsmark and you, relatitt|(
to Mr. Thyrni.
L, C. J. North. Tell the whole, Sir, ihr you
are bound to tell the whole iodifferently.
Sir Fra. Winn. And pray rememlier what
you swore in another place.
Hanson. The count sent to me a note, that-
he hod » mind to speak with me, and be oi-
tertained me with a familiar discosurse about
his tiavetting, and about the settling- of his bu-
siness, and thereupon he fell upon other dis*
course about iVIr. Thynn, and, not o> mistake,
havipgr had time i» my own ehembery I have
put it down in writings to satisfy my toed and
all thie honourable OmrU what 1 can sav a
thie honourable Omrt^
this matter.
say about
Sir Fr. Win. Sir, I ask you aplain ysest bm ,
1st it lieat yoinr own deor, i# yam will not tdl
the trutk; hmt yoa any conversation witli
Cemgsnark. irhei^in he did desire you
advice ef the SwedlBb envoy or resident
abont dnellinr Mr. Thynn, or in case
ha should kiU Mr. Thyno, or upon any such
Jimssn. Ify lord, I say this was s{ioken in
Mveral hmgw a fss, b^ the Count in Ehttoh, by
myself to tne envoy m French ; and I do know
I swore bclbre the king and council, but I
camiot hnr thin to cevnt Coningmiark's charge,
ler then l nsust forswear myself.
WurFra. Winn. Sir, yea ca» answer nse all
mj fsslms ia Eng&b, tf7oa pit
mdiacoarsevFas.
[OTr. Hans'on reads 'Tis very hnrd to
give a true sfbcount]
L. €. J. Read it to yourself if yoa will,
aad toil as- the substance.
Uamm^ If my worde may net l^um to tha
orejadioe of my lord count (Coningsmark v
but this is the substance of the thin^ . - My
lord coniit Coningsmark did teU me m a fh-
miliar discouvse, that e8i|«ire Thynn bad spokea
soma r e fls e tiny words upon him ; he did de-
sire to know if he did call him to aooounty
whether in this ease the laws of England might
not go contrary to hw design , in uis preten-^
sions tlmt he mifgbt have upon my ktdy Ogle.
And in tliat familiar discourse, he s cc Bfied to
think that monsieur liienburgh could give him
advice. In a Httle while afterwsurdSft I ^vaa
paying my respects to the enroy, and reflect-
ing upon' the Count^s conrersation, I spoke
to him aboat this business^ aad his answer wan
this ; he told me, that if be should meddle
^vith Mr. Thynay he would have no good
living^ in England : but as to the particular
^Mestion^ what the eeijne<|^ence mk' the hiw
miaiit be, he did aol; know, but would enquire
and tell me ; but 1 never udced him any ques*
tton about it aHerwards. And if my conver-
sation with tliis count, or with monsieur Lien-
bargh, sheuld turn to the count's prejudice I
should be answerable for it to God aad my
own conscience, all the days of my life. I
desiee Mr. Thynn's bkiod might be revenged,
but I desire also that innoceat Mood may bt
spared.
Sir Fra. Winn. Pr^y, Sir, will yoa look
upon that paper ; you signe«i it.
L. C. J. North. Only to recollect your m^
mory.
[Then he was shewed his Examination be-
fore the council.]
L, C. J. Now you have read it over ; that
there is under your own hand ? Do you near
again dehver the Sabetance of your disoourse
you had with count Coningsmark, aa you will
stand by it.
Hmnwn, Isne thai them are eSpveaNnoi ia
tkia paper.
n] STATE TRIALS, 34 Ch ari^ea II. l^^^-^-^md Merit/or iffttrAr. [H
Ih C* J. Speak not wb«t is io tliat paper,
loft vhat discourse (as near as you cap) you
liad wteh ooont Coniagwnark.
Hansom. My discourse with count Cp-
Biotgaoiark was this : in a familiar discourse
SBwngst other ihinss, be spoke, tliat he heard
cs||iace Thyan had affronted him, I do not
Jmowupon what sulject, but I believe it T^as
9aidB reflectinif upon him and his horse ; he
&I not tell me that he denred me to go, nor
Hd he give me any posttive charge to go to
die Swedish eoYoy, but by the discourse 1
bad with hina, I did understand that he was
desiioQS to have his advice ; I thought bis in-
cfiastioaa were, that I should go and ask his
advke ; I did not go on purpose to do the
OKsag^^ nor dill I receive any order tnat can
W called a message, in my life, to my remem-
bnnoe ; but when I came to pay my respects
ma ftinihar discourse, I did propose this to the
cavoy ; what might be the consequence, if the
oofuit should call Mr. Thynn to account ;
and he told me the same answer that 1 have
already told you. Now this I desire only to
ooosider, that it was spoken in divers lan-^
guagca ; and if a man should write down my
expressioiBS now, as they came from me, they
WMld upon reading, perhaps, appear not so
well ; so if these expressions of mine should
tea to isount Coningsmark's prejudice, as that
I ^oukl swear that this phrase of killing or
diielliii|[^ was used, or that ever qount Conings-
marictoU me that he resolved to call, or tnat
be would caO him to an account, I miffht do
bim wrong, perhaps ; but if he should call
bim to aooount, what might be the conse-
ipieoGe of it.
Sr Fro, Win. I would not entangle you,
bol only I would seek after the truth. I do
B0t ask yon positively, whether he did bid you
n» to aak advice of the Swedish envoy, that
he did resolve so and so ; but did he discourse
it thus, if he should duel him, or fight him P
Jioiuoit. As I am before God Almighty, I
caniiot ny I heard such csxpressions.
Mr. WiUiamg. Pray, Sir, you confess you
aojoaiiiled the envoy with it t — Hanson. Yes.
Mr. WUlians. Did you bring the Envoy's
iwer to the gentleman, or no ?
Hamaon. If 1 should be upon the gospel, I
I sore I caimot exactly tell what was the ex-
L. C. Baron, What was it that you dis-
ttiafld be doubted, if he did csdl Mr. Tbyon
to account ?
Sr Fro, Winn, He spoke in rdation to a
naunage, pray what was it?
Jir.Wittimm, What did that if relate to ?
Hatuon, If he should ask him satisfaction
flboot ii, havioff heard that he had spoken abu-
VFeworda of nim.
Sr Fra. Win, What then was to follow ?
floBSoii. If he should call him to account
An hgqrr the burs of Eaglaad might do in
Ikiipoiiit;.
Mr. WUUam, To whom ?
BoMttm. Totbeoowit.
TOU IX.
Mr. miiiam. What should be^ him P
Hanson, Whether the law should be coin-^
trary to him in the design and proposals he
might have concerning the young count^a#
of Ogle.
Mr. Williams. Well, I see you will give n#
reasonable answer to that ; but now when
came the Polander over into Eoj^laod ?
Hunton. I cannot say positively I can tell
when he came.
Mr. Williams, But when did you see him
first?
Hanson. Upon the Friday he came and
asked me for the count at M. Faubert's acar
demy. Now the young count Coningsmark's -
chamber and mine joins together, next to one
another, and there came a inau with him, I do
not know his name, but if I see the man I
know hiin.
Mr. Williams, You say the Polander came
over on Friday.*
Hanson. He came to me on Friday.
Mr. Williams. And he came to yon to the
French academy , to enquire for count Coningsr
mark ? — Hanson, Yes, he did so.
Mr. Williams, Had he any letters P
Hanson. Yes, he had two letters.
Mr. Williams, From whom, and to whom P
Hanson. I asked him if he had any lettef
for count Coningsmark, andhesaid no; bui
he told me he had two letters, and the oi^e waft
to the count's secretary, and the oth^r was t^
the count's steward in London. So \ gave
him back lus letters, and asked him wben^he
came ? He told me he waf just come mtf
England. I asked him whether he had bfpil
a great while at sea ? And he told me yea (
and that it was stormy, and he had like tf
have been cast away : said I, I hear you vt
expected, therefore nave you paid your lodgr
ing? No, said he; theu, said I, go and jip
your lodging, and come to me in me mornisiy
early.
Sur Fra. Winn. You say you heard he W911
expected, pra\' who expected him P
Hanson, The count; for he had.spokaa
formerly twice of the Polander, and in Iha-
great storm thought he had been drowned.
To the best of my remembrance, I have heanl
the count speak twice of this Polander.
Sir Fra. Winn. Of this man P
Hanson. I suppose it is the same-
Sir Fra, Winn. You say you saw him 09
Friday ? — Hanson. Yes, I did.
Mr. Williams. When did he ?peak of th4
stormy weather, and that he was afraid the-^
Polander mi^t miscarry ?
Hanson. About 12 or 13 days before.
Mr. Williams. Now say as near as }'ou can
what the count said.
Hanson. He said the Polander was a mighty
able man, and understood horses ; and the
count had a mind to buy English horses, and
intended to havehfid this Polander as a groom,
to dress them after the Geiman way, and no
man was abler than the Polander to do it ; an^
when he spoke of it, I went once to tho
D
..*.^
85] STATE TRIALS, 34 Ch aeles 11. l682.— Tria/ of C&unt ConingMtark [i&
'Change, ancT enquired whether tlie ship was
lost?
Sir Fra. Winv. By whose direction did you
gato enquire whether the ship was lost ?
Hanson, I had no direction, but only count
Gopiogsmark's speaking about it.
- Sir Fra, Winn. He seemed to be concerned
at it, did he?
Hanson.. Yes, he was afraid that the Po-
lander would be drowned.
Mr. Williams, You say you directed him to
clear his quarters? — Hanson. Yes, I did so.
Mr. Williams. Did you see him again the
Bext day ?
Hanson. Yes, he came the next day.
Mr. Williams. Was he the next day in com-
|>any with the count, or no ?
Hanson. I brought him to the count.
Sir Fra. Winn. Where ?
Hanson. It was a little before noon ; because
I went the back-way, and left him at the
Cpunt's lodging. ,
Mr. Wiili.^ms. Did you leave him with the
count? — Hanson. Yes, I did.
Mr. Williams. Pray as long as you were
there, what passed between the count and the
Polnnder ?
Hanson. I remember very well what passed
between the count and biro, for I have thought
of it. He spoke to him, and called him Thou,
«a to his servant, and asked him where he had
l>een all the while ? And he answered, he had
been at sea, and tossed up and down.
' Sir Fra. Withens, Pray ^vhat directions had
|rougiven about a sword for that Polander ?
Hanson. I went to the count's lodffings, and
being desired by htm to stay, I desired he would
exdttse mt*, for I could not stay, because I
was to g-o aboiit -another business ; he told me
the teltow was all naked, and he had no man to
■eiid to buy him a riding coat ; I told him I
wonkl very willingly and heartHy do it. And
after I had dined 1 went to an house near the
fiay -Market, and bought a riding- coat, and
brought thelidinff-coat to the count's lodg-
ings. I dehvered it to the count. Then the
count told me bis man had never ' a sword,
and I asked him how much his lordship
weukl please to bestow on a sword, he
told me a matter of tOs. or thereabouts ; 1 told
him I did not know where I should get such
/a swonl, nor how to send for it, because I was
to meet his brother ; but I mthal said, it is no
matter for /that, I viW take care you shall
. have it this erenuig ; I went intoSt. Martin's-
Lane, but could not find ever a sword worth a
groat. Then I went as for as Charingr-Cross
to a cutler whom I knew, so 1 told hmi, Sir,
6«|d I, I have a commission to bestow tOs.
upon a sword for a servant, therefore, said I,
I leaTe it to your discretion, use my friend
well, and um;yoiu^elf favourably too. I asked
him when I should have the sword, he told me
• in the eycniog ; I told him I wxratd call for it
when I came from the play, where I was to
be with the comit's brodier. When I came back
with^ the young count Coning^mark (jom the
play, I called for the sword, but hc5 told me
It was not ready. I seemed to be a little
angry, and told him that it was strange, a gen-
tleman could not get a little sword ready for
him in an whole afternoon. Well, Sir, said
he, pray do not be impatient, I will send you
the sword, and afterwards be sent it to the
academy, and I afterwards sent the sword to
count Conin^mnrk's lodgings.
Mr. Williams. Pray had you this direction
for the sword after you had brought the Po-
lander to the count, or before ? " . ^
Hanson. Count Coningsmark did never give
me any direction or charge to buy a sword
for him, but I did offer niy service, if h«
pleased, because he said he had no body to seud.
Mr. Williams. Sir, you do not know tha
question, or you won't apprehend it ; pray,
when had you this direction from the count to
buy this sword ?
Hanson. On Saturday in the afternoon.
Mr. Williams. When was it you brought tht
Polander to the count ? .
Hanson. In the morning.
Sir Fra. Winn. Pray let me ask you' ano-
ther question. When was it you ftrst heard
Mr. l^ynn was killed ?
Hanson. I heard it, I believe, about dght
o'clock in the opening on Sunday.
Sir Fra. Winn. Had you any discourse witb
the count about die murder ?
Hanson. Yos, I had.
Sir Fra. Winn. Pray tell what that dis-
course was?
Hanson. I was at ^Tliitehall till ten of tha
clock, and then I went to the count ; but I de-
sire this may not be taken as an extraordinary
visit, because I used to go to him on Sundays
in the evenings, and those three Sundays be-
fore he was taken, I used to come to nim in
the evening, after I had been to Whitehall.
When I came into his lodgings I found him in
his night-cap, and his ni^ht-gown ; he asked
me wnat news, I told him I could tell him
great news, and that was of the kilhng of
esquire Thynn, who was shot in his coach :
The embassador of Savoy had told me all that
he had heard about it, and I told it him. * After
I had spoken of this business, he asked ma
where hts brother was ; I told him his broths
W9S at the dnke of Richmond's. And after
some discourse I went away.
Sir Fra. Winn. When you told him of tht
murder of Mr. Thynn, did he make no answer,
nor say any thing about it ?
Hanson. He did not make me any answer,
by which I could conclude that oountCooings*
mark ^'as anyway concerned in the business.
Sir Fra. withens. Pray, Sir, I ask you
upon your oath, the count is a man of great
quality himself; when you told him of such an
horrid murder, what did he say nothing about
it?
Hanson, He asked me sereral qoestiont
what the people did say, but I would not moke
any mistake.
Sir Fra. Winn. Tell all he said, Sir, about ill
^n STATE TRIALS, 34 Ch IRtBS 11. lfi83.--*«Mf oiken^fer Murier. [5S
L,C.J, Youtnaj eximioe bun in French,
if you will.
Mr. Wiiliatnt. And I undersUnd none but
Pedlar's Fi-ench.
Sir Fra. Winn. Thetrutii of it is, what your
lordship savs cannot be opposed rcffularl^ ; but
1 do appeal to 3'our lordship, and «U the judges^
and all the court, whether this man does an-
swer like an ingenuous man ; you see he
shifts.
L. C. J, I do not see it, nor do I believe any
see he shifts in any thing you nak, of hira ;
cither he tells vou what the question is, or*the
reason of it ; now far that is a reason, is left
to the jury to consider.
Sir Fra. Winn. Certainly it can do no hurt
to hare an Interpreter.
X. C, J. North. My lord, if there be two
ways to take, 'tis best to take that which will
g^ive satisfaction to all pei'sons; let him be
asked by the interpreter, what qnestioDs th«
counsel would have answered, and then let him
tell his answer in French.
I, C. J. If that be liked better, let it be so,
Mr. Craven, can you tell the substance of the
evidence that this gentleman hath given 1*
Mr. Craven. No, I caunot, his ev idcnce has
been so long, and so many cross questions hav^
been asked.
l%r Fra, Winn. I would spare your time-
HanMm. 1 told him th« greatest news I had
IS, the killing of I^Ir. Thjrnn ; and I told him
who brongbt the news; and I told him the
cMBt were angry at it, that sndi an accident
ahooU -happen ; and I said it was an Italian
trick, not used in Si^land.
Sir Fra. Winn. What said be then ?
. Mr. WUiianu. Pray do yon remember what
he said?
Hanttm. What I have answered now. He
JBade me such qnestMHis upon this story as I
have told yon.
L,C~ X I>et him explain himself: Pray, as
as jou can, relate what discourse you had
count Coningsmark that Sunday night,
yon came to him and told him of the
■wrder.
Sr Fra, Winn, What did he say to yon?
Jlinijoii. I will tell yon, my lorn ; the count
was swpcized as every man would be, to hear
of so snd an accident, and so the count asked
ue what the peonle said, so I told him what I
heard ai Whitehall ; I cannot call to my me-
raocT all the particulars ; but I said the king
was neartily sorry, and all the court, tor so sad
an accident, and 1 must wrong myself, or count
ConiDgamaik, if I should undertake to relate
cxudy what passed, lor I cannot remember it.
Mr. WUliams. But you said iust npw, that
yon told the count it looked like an Italian
tridE, not used in England.
Hanton. Yes, 1 did so.
Mr. WiUiams. What did he reply to that.^
Hamton. Not a word.
Mr. Williams. Did he mention any thing of
ibrtifications to you then ?
Hanson, Yes, he ^ve me a plan, or a
draught of a fortification done with his own
hamC and that was all the discourse.
Mr. WiUiamt. So then he diverted the dis-
sourse to the business of fortification.
X. C. J. The evidence is heard ; what it is
dai he ended all the discourse with, shewing
him a P&per of fortifications.
Sir Fra, Winn, But 'thk he does say, he
asked him what the people did say of it.^
HanMOH, For my lite, I dare not say I re-
member any more than I have told.
L. C, J. Look you. Sir, now will you in
Fkench ddiver this for the benefit of those jury-
men that don't understand. English.
Mr. Williams, We pray, my lord, that our
Interpreter may do it.
L, C, J. Wnen a man can speak both lan-
guages, he needs no Interpreter, he is his own
best interpreter^
Mr, WUliams. My lord, 1 will tell you why
I ask it ; there is a great deal of difference, I
find, where you examine a roan with the hair,
and where you examine him against the hair ;
Where you find it diffiinilt to imdce a man an-
im, you will pump him with questions, and
erosB-mterrogate hun, to sift out the truth :
Boir if you leave this man to the interpretation
«f what he bath said himself, he will make
a fine story of it, and we shall be never the
L. C. J. But this is the way to spend our
time.
Sir Fra, Winn. I know your lordship does
not value time in such a case as this, but you
would have the truth found out.
L. C. J. You must repeat first the discoursjK
you had with count Coningsmark.
Sir Fr. Winn. My lord, we will reduce it to
two or three Questions. Mr. Craven, will you
please to ask nim whaf discourse he had with
count Coningsmark.
Mr. Craven. He savs; the diMSourse he had
with count Coningsmark about the PoLaader,
was, that he came over as a groom to serve him
to look after his horses ; that he had occasion
for several English horses, and English servants
to look after them as grooms ; and among the
rest of his grooms, he intended the Polander
should be one, to dress his horses after the
German wav.
Sir Fr. ifinn. So far he goes as to that.
That the Polander came over to serve the
count.
L. C. J. Look you. Sir, does not he tell you,
the count had a purpose to buy horses here ?
Mr. Craven. He says tliere was a distuHU-so
about biUs of exchange of 7,000 pistoles to buy
horses.
Su" Fr. Winn, Pray then wiU you ask him,
what discourse he had with count Conings-
mark about the death of Mr. Thynn, and what
the consequences in law might be ?
Mr. Craven. My loi-d, he says that the dis-
course with count Coningsmark, concerning the
Swedish agent, was, Tliat in case he should
ask satisfaction of ftfr. Thynn, for the affronts
that he had given him, not understatidtni; the
391 STAtB l^RIALS, 34 Chabi^^ It. ie^i^THd of Ccmd Coningiitktrk [M
Cttflftoms of the nation, if he shonM call him to
aocouqt, what, ur^judice it mi^ht be to him ;
for he did not hear, he says, that count Co-
ningsmark d^gned any thing, or resolred
upon killing him, or any thing of that nature ;
but whether if he should call him to account,
what the laws of Ens^land might be.
Mr. Wilitams. Call John Wright.
Sir N. Johnson. My lord, the count desires
to know if he may be permitted to make his
defence against these witnesses ?
I'. C. J. No, be is not to make his defence
now. But pray tell him, if my lord have a de-
sire to ask any questions of this witness, he
may ask what he pleases.
i. C. J. North. Let the question be put to
the interjirpter, that ^e may know what the
question is before the witness gives^an answer.
Mr. Craven. He asks him, if he has not
seen him oftener in his lodgings undressed than
dressed, and whether he was not to take physic
ftom his ph^'sician ?
Hanson, I do not remember, that in all the
■time I saw count Coningsmark, I saw him
dressed fbnr times in his coat, I cannot say I
remember three times in aU. The first time
when he came, he was in a campaign coat ;
but all the time he was in his lodging, as I re.
member, he was in his night gown and cap.
"As to the other part of his question, whether
I heard that he took physic ? I say this, trhen
I saw count Coningsmark first at his lodging,
when I came to him, on the Sanday evening,
•1 was told the count was in bed ; It^ was late,
but I ventured to go into his room, and sat a
Soarter of an hour there ; and afterwards the
octorcame in. Dr. Frederick, 1 saw him often-
times at his lodging; and at the same time
the young count was sick of an ague ; And
when he came one evening to see the young
count, I asked him what was the distemper the
count had? The doctor answered me, tliat he
had not told any bodv that the count was
sick, or what he was sfckof, but he hoped in
God, in a short time he would be recovered.
Mr. Craven. He asks him if he gave any
positive order,. that he should go of any mes-
sage to the Swedish envoy ?
Hanson. This I have answered before, and I
»y now, if this discourse that I Wad with the
^Swedish envoy, turn to the lordcount Conings-
mark*s prejudice, it would grate upon my con-
science all my life : Count Coningsmark never
gave me any positive order to carry any mes-
sage ; but I did gather, by his discourse, that
the count might be desirous to know the envoy's
opinion about this question ; a!id therefore I
thought, the count desiring it, I would do it to
please him, rather tha n by order. But I do not
know that ever the count had a mind to give
me such an order, but I did it voluntarily.
X. C J. In plain English, did he ever
rertyou to go to the.Sivcdish envoy ?
Hanson. No, my lonl, he never did direct me.
L. C. Bar. How came you to choose a
foreigner or Jknow what the laws of £%bm4
*«ref ^
Hanson. 1 thought it wonU'plaaMtliecmait
to know hisopittiM.
L. C Baron. But how came youlo obmt t
foreu^ner, I ask P
Hant&n, He has been nineteeti ytara bera
in EngUud, and sure he shottkl know.
Mr. Crown. My lord, he asks him if eVcr
he told him that he had a deaig^ to fig^t Mr.
Thynn, or to do him any prejudice, or Mnd hitt
acnalleBgeP,
Heuum. My lord, I am upon my oalfa, aad
this I say, I speak it before God attd the codfftt
count Coningsmark did never tell me that he
had any mind, or did resolve to Call esqmMI
Thynn any ways to account.
Mr. William. Call John Wright. ^Vfh^
stood up and was sworn.]
Sir Fr. Wtfnn. We shall ask turn but a ques-
tion or two, my ^ord . *
Mr. Williams. Pray tell me the time wfaeA
this Polander came into England ; that man
at the bar ?
Wr^ht. He came the tenth day of this
month.
Mr. Williams, Pray what ship did be coma
in ? Where did you first meet with him ?
Wright. Here in town.
Mr. Williams. Where was it ?
Wright. At the Cross-keys in ThrogmoKon-
street.
Mr. Williams. Pray, when you fint saw
him, what d id he ask you ?
Wright. He asked me where count Conings-
mark's lodgings were ? I told him I thought
he was at Oxmrd, I meant the young gentle*
man, for I did not know the other was in town ;
but I went and enquired, and they told me it
was at Faubert's academy.
Mr. Williams, Whither went you with the
Polander then ?
Wright. I went to my lord's knlgings.
Mr. Williams. What lord?
TfV^Af. The young count's lodgings.
Mr. Williams. Well, and what then ?
Wright. And I came to Mr. Hanson, and
he did deliver a letter to Mr. Hanson, and -i
staid there about half an hotir, or there*
abouts.
Mr. Williams. When was this ?
Wright. Upon Friday the tenth day of tins
month.
Mr. Williams. How k>ng vras Mr. Hanson
and the Polander together ?
Wright. About half an hour.
Mr. Williams. What said Hanson to bim ki
your presence.^
Wnght. Mr. Hanson said nothing.
Mr. Williams. Was there any thing said
about going back and paying his lodging, and
coming back ?
Wright. Mr. Hanson came down to me, and
told me he vms glad to see me, and bid me take
the PolanderbacK with me, and bring him to
him to-morrow betimes, fi>r he most' (fispa$ch
him about his business.
I%r Fr. Winn. Then be said nothidg to tba
Poboder.^
41] VTATfi UttALS, te CUAKLfiS II. i66£.-HifNl oikeri, for Murder. ^ [M
Wright. No, btH t» Mi».
Sr JV*. Wmn. Well, ^mhei, «€ yota do Ae
aext morniw?
Wright, fcmme to hun the nest nioniiiig,
tD this Polaoder, and b« took hk thiosB with
him, which was* sea-bed th^the had, and a
gnt wMi a wheel-look, and sofne other thiags.
Sr F. Winn. And whilfier did you bring htm ?
Wright. I hrou^him to ifie upper end
•f the flay-market, M. Faubert's school.
Mr. Williams. To what place did you come
ift tlie taomtng, say ynu?
Wright. Sir, if it fifeaae you, I bronght him
wilfain a door or two of Mr. Faubert's the
boise-master, that teaches to ride the great
kavse; ferhiedid desire that we mi^go to
an ho«Be hard by, because lie would not carry
Itt eanriage to my lord, he had a sea-bed, a
foAaaaBile, a goa and other things ; and 90' i
hraugbt him to en house, and there I called for
apot of aie ; and he put down his things and
"fte^t out, I thoaffht he had gone to make water,
bat within a fittte while after returns s^ain,
^mA Mr. Hanson coaes in with him : He asked
'me why I did not come sooner ; I told him I
kad seine ettfier business, I was with some
French Merchants to look upon some goods.
80 be bid the Pole pay me for my trouble, and
\tke ftp his things, and go along witli him ;
and he did do so, aod I never saw the Pole af-
terwards
L. C. J. You that are the interpreters,
tepeoc whflt he hath said tothe jury. (Which
was done.
SrFr. Winn. We have done with this man,
the use we make of him is to foflow this
Mander, and we shall lynng him to the count
by and by. Cirfl Dr. Frederick Harder. (Who
was sworn.)
L. C. /. The Doctor understands English,
donHhei"
Sir Fr. Winn. Yes, we are told he doe^.
Mr. WUlianu. How long hare you known
the count that stands there at the bar ?
Dr. Harder. I have known him a good
while, it may be this four or five years. I
%VPe known nim fbnr or five years.
Mr. Wiliiawu. How long hare you known
cart. Vratz?
Dr. Harder. About a year and a holf, or
ilroyears.
Bfr. Williams. Was nw lord and captain
^fatz acauainted then ? — Harder. Yes.
Mr. Williams. Was he in employment under
TBj lord, was be in the tonnt's service ?
Border. He was with Hie count, but whe-
dier he was his companion I cannot tell.
Mr. Williams. Did he live with the count ?
Harder. Yes.
Mr. Williams. Did captain Vratz, when
^ count came Iflst over into England, come
over with hira.^
Harder. Yes, by my knowledge.
1. C. J. Do you know it or not?
Border. Captain Vrat^ cadie to me, and
IQUnie, mr ford desi^d to speak with me, and
I irent witn him to my lord.
Sir Ir. Winn. Was that the first
you received firom the oooat ?
Harder. Yes, it was.
Mr. Williams. How long was that ago ?
Harder, The aane day the Morocco em-
bassador did exercise in Hyde-Park.
'Sir Fr. Winn. How h>ng is that ago f
Harder, About a month ago.
Sir Fr. Winn. What was that his first h>dg>^
iag after he came last ihto Bn^nd ?
Herder. It was in the- Hay-4ttarket.
L. C. J. Was it a ooraer hoose, as thft
other witness saith, or net ?
Harder. Yes, it was.
Mr. Williams. Was the count % prit^te
lodger there ?
Harder. He lay in his bed ^en I came to
him ; he came as a traveller privately.
Mr. Williams. Did he go by Ins own name,
or another name?
Harder. Nobody did question him about bis
name, but when I did come to him, I did dis-
course with him about his body.
Mr. Williams. Pray,, Sir, thus : You went
often to visit him, pray did you ebquire for
him by his own name, or any other name ?
Harder. He desired that he might be pri-
vate, because he was to take some medicines,
and he would not have it known."
Mr. Williams. Now, Sir, I would ask yoil,
did you observe him to be in any disguise?
Did he wear a perriwig, or how ?
Harder^ He had a perriwig.
Mr. Williams. Was it a fair perrivrig, or
what colour ?
Harder. It was brown or blade.
Sir Fr. Winn. Sir, was he in a divinise,
or no?
Harder. He had his own clothes, but He
had a perriwig.
Sir Fr. Winn. Pray what name did be gt>
by, hi^ right name, or any particular name ?
Harder. In the first be^nning 1 gave him
no name ; but, said he to me, if any body ask
you about me, I would not be known ; for if
they know that I lie privately thus, they wiU
think I ail some ill distemper, therefbre I would
have you call me by the name of Carlo Cuski.
Mr. Williarfis. "Were you with, him, pray
Sir, upon the Sunday moroing that Mr. Thymi
was murdered ?
Harder. I cannot certainly tell, but I was
with him in theafiemoon.
Sir Fr. Wtnn. Pray call yourself to mind, Sir.
Harder. I cannot certainly tell.
Sir Fr. Winn. What time were you with
him in the^ evening ?
Harder. At nine o^clock, at night or there-
abouts.
Mr. Williams. Did you receive any letter
firom capt. Vratz at any time ?
Harder. I did upon Saturday morning, the
Saturday before Mr. Thynn was murdered.
Sir Fr, Winff. Have you that letter about
you ? — Harder. No.
Su: Jr. Winn. What was in the letter ?
Harder. Hedesiiedme to go tolheoQunty
40] STATC TRIALS, 54ChaelB8 II. l682.--Tria2 of Cemut Cwing$mmrk [M
who had a desire to apeak with me. I came {
there, and had some speech ivith bun about bis
indisposition. I told bim be bad better stay
till next day, before betook physic, because it
was cold weather. And after that, went with the
Polander tp my iodginc^, and the captain's man
came in, and then saic^ here is a man that will
direct you to captabi Vratz's lodging ; which I
did not know.
Mr. Williams, Look you, Sir, you say you
went to the count, did you shew the count that
letter from capt. Vratz, or no ?
Harder, The count saw it.
Mr. Willioms. Then . bear a little, When was
it you shewed the letter to the count ? Was it
Saturday or Sunday ?
Harder. It was Saturday.
Mr. Williams, Now, was the Polander then
in the count's lodgings or no ?
Harder, Yes, lie was.
Mr. Williams, Was there any discourse
about him then ?
Harder. I had never seen him in my life.
Mr. Willimtu, But was there any with the
ciount?
Harder. No, not at all.
Sir Fr. Winn. Then, upon your oath, I ask
you once more. Was the Polander ever in
company with you and my lord at any time ?
Harder. No.
. Sir Fr. Winn, Upon the Sunday, upon your
oath ? — Harder. No.
Sir F^ Winn. Nor the Saturday evening.
■ Harder. No, I have not seen hun since that
morning when the captain's man 4ook him
idong with bim to his master.
Mr. Williams. Pray, bow came the Po-
lander into your company on Saturday morn-
ing?
Harder. I had bim from my lord's that
morning.
Mr. Williams. Then my lord and the Pp-
lander were together ?
Harder. No, they were not together.
Mr. Williams. Was the Polander in my lord's
lodprings?
Harder. Yes, the Polander was bdow
stairs.
Mr. Williams. And did you take bim from
the lodginsf ? — Harder, Yes, I did.
Mr.nuliams. How long did he continue
with ypu ?
Harder. Not at all, I went home with him.
Mr. Williams, Had you no discourse with
him ? — Harder. No, none at all.
Mr. Williams, Where did you part with him?
Harder. I brought him to my house ; and
when he came in a-doors, the captain's man
being there, I told bim there was a man would
show him the captain's lodgings ; and he took
him away along with bim.
Mr. Williafos, You say, the ca^itaiu's man
had the Polander from you ; pray name that
man ?
, Harder, I cannot tell his name.
Mr. Williams. Was his |iame Berg?
Harder. I believe it was.
Sir Fr. Winn. You say you delivered a let-
ter from captain Vrats on fiiaturday morning to
the count ? — Harder. Yes.
Sir JFr. Winn. Did the count read thelet-»
ter , and tell you the contents of it ?
Harder, No, it was not sealed.
Sir Fr. Winn. Did not you know the con-
tents of it then ? — Harder. No.
Sir Fr, Winn. Pray, when you delivered the
letter from captain Yratz to the count, what
did the count say to you ?
Harder, The letter was not written to the
count, but it was writ to me.
Mr. Williams, What was the reason that
you shewed it to him then ?
Harder, I received a letter from captaiji
Vratz, that the count desnred to speak with
me ; and afterwards I was desired to direct
this man, the Polander, to captain Vratz ; and
so I directed him to captain Vratz, and nothing*
more I know.
Sir Fr. Winn. Well, Sir, one thing vr/Km
and J have done with you ; for you will not, I
see, give a reasonable answer : pray, when tbm
Polander came along with you from the
count's, did you observe he had any tbin^
about him ?
Harder. He had a great campaign coat.
• Sir Fr. Winn. Dui he se^n to have an/
thing under it?
Harder. He bad a portmantle under it, I
think, or some such thiuflc.
Mr. Craven. My lord, the count desires 10
ask bim some questions.
L. C. J. Let bim ask what questions be will.
Mr. Craven. My lord, be asks him whether
be does not remember, when he first came to
town, he bad bis bodV ^1 of spots ?
Harder. Yes, my lord, when be came from
Tangier, he had spots over all his breast ; and
it was feared they might^pet up higher toward*
his neck, and encumgerbun very much.
Mr. Craven. He says, if my lord pleases, he
will shew it openly.
L, C.J. No, there is no need of that, doctor.
Did you give bim physic for that ?
Harder. Yes, for that I did administer physie
to him-
Mr. Craven* He says, my lord, he over-
heated himself in riding to Ttogier, tliinking
to do the king and the nation service, and tlie
heat broke out in spots over his breast.
X. C. J. The doctor knows nothing of that.
Mr. Craven, He asks whether the doctor
was not desired by him to cure him ? whether
he did not tell him he would cure him of those
spots?
Harder. He desired me to administer phy-
sic unto him.
Mr. Cra:ven. He says be went to Strasburgfa,
and when became back he was in the same
condition he was in before ; and be asks vrhe-
ther the doctor did not undertake to cure bim ?
Harder. Yes I did administer physic unto
bim ; and this my own man can testify and be
witness of; because my I<Mrdbid me takecare
that be might be private, for he would not have
4
is] STATE TRIALS, 94 ChabIes II. l€$<l^end other$,far Murder. [4,6
klmowii that he did tmke phync ; but I told
my man, said I, it is my loni Conuigsmark, and
tberefore pray take care of him, and see that
fliephysi6 be inade very well up.
JL C. X You aeem to intimate as if he lay
piivate to take phync ; pray let me ask you this
^oestioD, did you me him phasic all this time ?
Harder, Not always pm^ingf physic, but
some sort i^hysic all the tune.
L. C. J. What erery night and moitung?
Harder, Yes, evefy day.
Mr. Craven* The count desires to ask him
irhere be was that mihappy day this business
wasdone?
Harder, I found him that day ill, lying
domi upon the bed, I asked him how 'his physic
bad wotked : he told me he was airaid he nad
got some cold \ and indeed I found him very
modi disordered, and I went home and letchcd
bimspme physic to take that night
£. C. /. By the oath yon have taken, was
there any other occasion, or had you any other
discoor^ with him, when you came on the
Sunday night but concerning his physic?
Harder, My lord, I will tell you the truth ;
I nerer heard the count speak any word in my
life, that he had any concern, or design of any
quarrel at all, nor any discourse, but about the
administration of his physic.
L, C. X Let me ask you this question, for
they desire it here, what was the occasion ? anQ
whether you know the occasion, why my lord
aiteied hislodfings so often P
Harder, The mrst occaaon was this ; because
it was in the Hay-market ; and his man said
it would be quickly known if he did continue
there ; so he would take anodier lodging, which
was in Rupert-street, and there he lodged three
days ; but the chimney did so smoke, that my
lord could not stay, because he could have no
fire in his chamber, and the weatlier was very
cold, for it did snow, and therefore I told my
Koid,itwas not so proper for taking of phy-
sic : thereupon he desired me to take him ano-
ther lodging in C^ueen-street, which I did look
about for, but it was not ready, so he had a
lodging taken for him in St. Mai'tin's-Lane,
iHiere he lodged till he went away.
Mr. Williams, Pray, Sir, the physic that you
gave the count, did it require his keeping within
doors? might not he walk abroad with it, upon
Tooroath ?
Harder. It did requiv^liim to keep in.
Mr. Williams, Pray then, how comes it to
pass iliat the count so suddenly could go by
wmterto GraTcsend ?
Harder. I do not know what was dMie after-
wards.
SKr Fr, Winn. I would ask you one question
ynd I would fain have you give me a lair an-
sv«' to it, what became of the letter that cap-
tim Tratz writ to you, and you shewed to the
count?
* Harder. It remained there upon the table.
Sfr Fr. Winn. Did not- you keep your own
fetter?
Harder* Itwas notofany coBtttm.
Sir Fr. Winn, If the letter were written to
you, it is not so long since but you can tell us
the contents of it ; pray, what were the con-
tents?
L. C. J. Can you remember what were th^
contents ?
Harder. He desired me to so to count Con-
ingsmark, who would speak with me, and that
I would give his man an answer when I came
from him.
Sir Fr. Winn, But what were you to go tatlie
count to do ?
Harder. Nothing ; but the count discoursed
to me about his own body and indisposition.
Sir Fr. Winn. But captain Yratz was n»
physician ; why should he send you a letter to
talk about physic ? .
Harder. It was nothing but my lord would
speak with me.
Hr. Williams. We need not trouble ourselves
with this fellow, he confesses he found the Po-
lander in the count's house.
Sir Fr. Withens. Pray, Sir, let me ask you,
who was with the count on Sunday night.
Harder. Mr. Hanson was there, I think ■
Sir Fr. Withens. Who else ?
Harder. The captain came in, and went out
again.
Sir Fr. Winn, What time of night was it
that Vratz came into the count T
Harder. It was at the same time that I was
with him.
Sir Fr. Winn. That he swears to be about
nine o'clock : was it after Mr. Tbynn was
killed ?— Harder. We had not heard it.
Sir FV« Winn. Sir, was it nine of the dock ?
Harder. Yes, it was.
Mr. Williams. You say you found the Polaop"
der at the count's lodgings ?
Harder. Yes, upon Saturday morning.
Mr. Williams. Then he came along with
you from the count's lodgings ?
Harder. Yes, to my house.
Mr. Willianu. And you parted with him
there?
Harder. Yes, the captain's man took him
away with him.
Mr. Williams, That was Berg, was not it f
Harder. Yes.
Then this Evidence was interpreted to the Joiy.
Mr. Craven. He desires the jury should
know what the doctor said about his sickness.
L. C. J. Let it be repeated to them. .
Mr. Craven, He desires to know whether he
may not speak it in French himself.
L. C J. No, the Interpreter must do it ;
I (which was done.) My lord, would you ask
any more questions of tne Doctor ?
Count Con. No more questions but them I
h ave osked t
SirFr. Winn. Call Thomas Howgood. [Who
was sworn.]
Mr. Williams. ' Pray, did you sell any sword
to the count? .
Howgood. I sold a sword to the goremor ; t
broad horseman's sword.
47] STATE TRIALS, .34 Charles U. I682.— TVts/ of Cotmi Cmmgimnrh \4S
Mr. Williams. When wu this P
Howgood. On Satufday was fortnight.
Mr. WilUam. What tune was it that he be-
0poke it ?
Howgood, He bespoke it half an hour after
6 at ni^t.
Mr. Williams. What did he say to you when
he bought it P
Howgobd. He said he would call for it about
d o'clock at night, when he came from the
^i&;
fr. WilUam. What kind of sword was itP
Howgood, An horseman's sword, as broad as
two fingers, such as the gentlemen of the
guards wear.
Sir Fr. Winn. When he came for the sword,
what said he. ^
Howgood. He was angry it was not done,
and I told him that I would send it to him
quickly.
Sir Jr. Winn. Where was it sent?
Howgood. To the Governor's lodgings at the
academy.
Mr. Williams. Now, my lord, we call several
persons that were privy to the concealing of
this gentleman, that can give you a better ac-
count, Richard Hayes and Robert French.
^Robert French appeared and was sworn.]
Sir Fr. TTinn. Piray will you tell my lord
wliat you know of the count's concealing him-
self and changing his habit.
French. I never saw him, my lord, before I
came here in court ; but it seems be did lodge
in my house 3 or 4 days.
■ Sir Fr. Winn. How lone is it since ?
French. Between 3 weeks and a month ago,
just 10 days before the murder.
Sir Fr. Winn. What name did he go by
then?
French. I did not know his name.
Sir Fr. Winn, Who. used to resort to him at
that time?
L. C. J. You say, Sbr, you saw him not,
what company did come to him P
French. 1 did not see him indeed. *
Sir Fr. Winn. Pray did captain Vratz come
to him to your house r
French. He lodged with him all the tiiiift.
Sir Fr. Winn. You say you know capt
Vrsts was there ?—JWficA. Yes.
Mr. Williams, Did Dr. Harder use to come
to him ? — French. Yes, seyeral times a day.
Mr. Willianu. What name did he enquire
for him by ?
French. The Doctor took the kdg^ing and it
was for a strancer ; I heard no name at all.
Interpret, my lord desires to know^ whether
you did not su^ect he took physic in the
house?
« French. I suppose the Doctor did give you
an aecoont of that ; 1 don't know that he
did.
Interpret. Did not your siaid know of any
•uch thfng ?
French. Myviaidis her^abowillgireyou
■aaocount
8k Fr. Winn. . Call Ana Prince ; (Who
sworn.) Pray do you acquaint my lord what
you know of count Coningsmark; whether
ever you saw him at your master's housQ in
the Hay -market P
Prince. Yes, he lodged there.
Mr. WiUiam. When ?
Prince. He came thither last Friday was a
month.
Mr. Williams. How long did he stay there T
Prince. Till Wednesday.
Mr. Williams. At that time, who used ta
frequent his company P
Prince. I know nobody but the doctor that
used to come to him.
Mr. Williams. What name did he go by?
Prince. No name at all, as I know of ^ they
did not ask for him by any name.
Mr. Williams. Did the captain use to eomm
tohunp
L. C. J. Her master says he did lie there.
Prince. Yes, he used to lodge there.
Mr. Williams. Did the captain giye him iMiy
physic ?
jL. C. J. No, butthe doctor did.
Sir Fr, Win. He only asks a merry quesk
tion.
Z. C. /. But we are now upon the life and
death of a man, pray let us have those Ques-
tions asked that are serious, not iauch light
tilings as are permitted in ordinary cases.
Sir Fr. Win. Now, my lord, we will call
Francis Watts.
Mr. Craven. Maid, my lord asks, whether
he did not take a vomit in your house ?
Prince. Not that I know of.
Then Fra$u^ Watts was swom.
L. C. J. How old is the child P
Watts. 15 years old lost Christmas.
L. C. Baron. Ask him whether he under-
stands what an oath is P
Mr. TAj/nn He was swom befinre the king
and council.
L. C. B. If he were swom before the king
and council, he may give evidence here sure.
Sir Fr, Win. Were you at the couut's aa^
vice at any time?— -YTa/^^. Yes.
SirFr. Win. Howk>ngP
- Watts. I was with him 11 days : I came lo
him upon the Friday.
Sir^r. Win. How long was it before the
death of Mr. Tbynn?
Watts. I think it was 10 days ^fore the
death of Bfr. Thynn.
Sir Fr, Win. What was your employmeot
with him?
Watts. His boy to wait upon liiro.
Sir Fr. Win. Did you lie in the same lodg-
ing? — Watts. No, at my &ther's.
Sir Fr. Win. What was the agreement be«
tween your fitther and the count ?
Watts. 6d. a day and my diet.
Sir Fr. Win. What comnany did you ob-
serve came to the count's lodgings P
Watts. That gentkmaB toere in the hlaoli
perriwig.
19] STATE TRIALS, 34 Charles II. iG^^'^-md Mer$Jar M^ier. f 5(>
mt Fr. Win. Wts li^ •i^p with your
Watt$. Yei» efery 4ay.
Su* Ft, Win, Hov masxj lodlgiDg^thBd he
viiile j<m w«r« with him ?
Wattt. Three: One 19 the Haynuuriket,
md, one ia Rupert i^r^et, and Uien the last in
St. Maitw'g.
Mr. WiUiimtf' Thns, child; doyoureipem-
. ber the timeof kiUiiigMr. Thynar
WmUs. Yes.
Mr. WUUam. Were yo« in yo«r master's
semccthenP—JFa/if, Yes, I was.
Mr. WiUiatiu, Who was in rmir master's
ompsDy ihat morning hefmrelir. Tbymi waa
JDl]0d ?
Waiis. I came vp, as I used to do id the
momin^ to my master, and he asked me what
was tbematter with the hustle in the strael ?
And I told him somdbody was takeo upon sus-
pkaon of liHinif esquire Thynn.
Sir IV. Winn, That was on IVlonday mom-
ii^; bat the Smiday raonung before, what
eomtpoBy did you observe there then ?
WaiU, I cannot teU any thing exactly of the
Sunday morning.
8ir>r. ITian. Was dmtainVratz there?
Wmtts, I canhot eaxdj^ remember.
Sirl^r. Winn. Whai time in the ereoii^
was it reported Mr. Thynn was killed?
Watti. Aboat 8 o'ek)ck.
Sir JV. n^im. Can you tell who hrooffht the
fintaews? ^
. Wmtts, One of my Udy Sejrmour's nuuds,
who was teHing the people of it below.
Sir JV. Winn. Did you oboerre any body
oome to your master's lodgings afterwards ?
Watts. \ en.
Sir Ft. Wi*n. Pray who came ?
Watts, Tliat gentleman in the Uadt perri-
IFi^^iaaif . Pray in what habit was he ?
how came he in ?
Watts, He came in a great coat ; I cannot
tell whether it was doth or camblet.
Mr.^ Williams, And what, did he speak to
auyhody, or go strait op ?
iVattt, Noy he spoke to nobody, bat went
Mrak np stairs.
Mr. Williams, Didhegouptoyourmastar's
ladflngs?
Waits, Yes, I beliere so, hut I stayed below
ia the shop.
Mr. Wiuiami, How long did you stay in the
shop?
Waits, I stayed there about half an hoar.
Mr. Wiiliams, Did yon leave biul there?
Watis, Yes, I did.
Mr. WiUiioms, Did he cOMinue there aH
the time that you were in the house ?
Wmtts. Yes.
Ml*. WilUams. What time did vou go awa^ ?
Watis, About throe quarters oran hour after
tel gentleman came in.
Sir Fr. WUAins. Do you rememher you had
aay A eo nAe with the count, aboiit nding on
SandayP
▼OL. IX.
Watts, He asked me on Sunday in the fore-
noon, whether people were suffered to ride
about the streets on horseback on Sundays ?
Sir Fr. Winn, This was that Sunday morn-
ing, was it ?
Watts, Yes : He asked if they might be
suffered to ride about the streets on Sunday ?
I told him yes, before sermon-time and ansr
sermon-time.
Sir Fr, Winn, About what time of the day
was it that he had heard this discourse ?
Watts, AboutlOor llo'ckKsk.
Sir Fr. Winn, Are you sure it was Sunday ?
Watts, Yes.
Sirfr. Winn. Then I as|c you another ques-
tion : Upon Sunday nooming, or any other
time, do you remember that the Polander was
with the count your master ?
Watts. He came in on the Saturday morning.
Mr. Willianu. Was he in the company or
presence of the count ?
Watts, I was aboye stairs when he came in.
Sir Fr. Winn. What do you know of any
sword that was delivered to him ? v
Watts. Upon Sunday morning tb«>re was a
sword brougnt to my master's kiikfings, and
my master's man took it of me, and earned it
up stairs, and this man^ the Polander, after*
wards had it below stairs.
Mr. Williams. When was thiasword brought
to your master's house ?
Watts. It was on the Sunday morning.
Mr. William. What, the cutler brought the
sword?
Watts, No, it was sent by a porter from Mr.
Hanson.
fltU*. WilUams. What room was it carried into
when it was brought?
Watts. I think I did not carry i^ up : Yes,
truly, now 1 remember, I did^ ahd deliveiad
it to my master.
^r.WiUiums. Pray wh^t did the eoui||t say
to you ?
Watts, I asked him if ^ere needed an an-
swer to the note I carried with it, and h^ saH
no.
Mr. Williams. To whom was the sword de«
livered afterwards ?
. Watts, It was brought dowui and afterwacda
this Polander had it.
Mr. Williams. That man there?
Watts, Yes.
Mr. Williams, You jeulv that the sword was
^en to jthe Polander : Pray speak that the
jury may hear. Who brought dowi^- the
sword ?
Watts. I saw it in the Polander*s keeping
when it was below, but I cannot say who
brought it down.
Sir Fr. Winn. Where did the PoUnder dine
on Saturday ?
Watts. He dined with my master's torn and
I on Saturday.
Sir Fr. Winn. Where did he He that night ?
At whose chamber ?
Watts, At our lodgings in the garret, in my
master's man's dhamber.
•^1 STATE Trials, 34 Charles II. 1 6S2^1VW <»/ CaktU Ceningimdrk ( 5r
Sir JV. Winn. What day was this, do you
•ay? — Watts. Saturday.
Mr. Williams, When the Pulander had the
'•word, do you remember auy boots that he had
under his arm ?
Watts. Yes, he bad boots under bis arm.
Mr. Williams. And he had the si^'ord with
him when he went ai;i ay? — Watts, Yes.
Mr. Williams. Had he any coat ?
'. Wdttn. Yes, a new coat.
Mr. Williams. Well, I astc you once more,
.what time of day was it that fape went away
with the sword and the boots ?
Watts. It was ip the forenoon.
Mr. Williams.. What day of the week ?
Watts. Stindav morning'.
X. C. J. Ay, but your doctor that you exa-
mined before, says, the Pohinder went away
' with him, and be was not there on Sunday
mominjr.
. Sir Fr. Winn. It is true, my lord, it was too
* tender a |K>int for the doctor, he lies under
some suspicion ; and it is proximus ardet with
him. ^ '
^ ' L. C, J. Well, call him again : Look you,
' lloctor j you were asked before, and now you
are asked again, were you at count Oonings-
* inark's lodgings on Sunday morning ?
Dr.. harder, 1 cannot certainly telL
L. C. J. When did you see the Polander at
the coqnt's lodgings, and whether was it on
Sunday morning ?
' . Dr. Harder. On the Sunday morning I did
not see him. The only time was when ffotch-
ed him from my lord's ; I have not seen him
betbre nor since.
JL. C. J. Then call the boy again. Where
did the Polander dine on Saturday P
Watts, He diued with me and my master's
man.
L. C, J. Where ?
Watts, Below in the kitchen of our lodgings.
L.C.J, Where by thePolander that night?
Watts,^ He lay in our garret.
L. C, 7. When went be ftom your master's
lodgings ? .
Watts. On Sunday morning.
Mr. William*. Had he an old coat or a new
ceat upon him f-^Watts. He had a new coat.
L.C. J. WasJhe doctor with him ?
Watts. Yes, Ae doctor went away with him.
Dr. Uartler, I have not seen the Polander
above ouoe in my life.
Sir Fr. Winn^ But were you at the count's
on Sunday morning, or no, I ask you P
, Dr. Harder. I do not know whether it was
Saturday or Sunday.
L, C. /. But when you fetched him away,
was it Saturday or Sunday morning P
Pr. Harder. My lord, I cannot very well
remember.
X. C. J. Had the Polander a sword when
jon went away h ith him ?
J^r, Harder. I cannot positively say, but (as
travellers commonly have) he might have a
•word.
Six Fr. Winn. Now come to youraelft •&<!
deal honestly, for von are upon your oath ; I
ask you, firie^d, this, you say he might liatr#
a sword, do you remember a pair of boots ?
Dr. Harder. No, 1 do not,
Sir Fr. Winn, Do you remember the co«t
he had uppermost ?
Dr. Harder. Yds, he had something oiid0r
his coat, but I don't know it was boots.
X. C. Baron, Had he a buff-ooat under hiv
campaign ? — Watts. Yes.
Sir Fr. Withens. Let me ask you one ques-
tion, young man ; do yon remember you saw
any musquetoon in your master's lodging f
iVatts. I did see a gun there.
SirFr. Wtthens. When was that?
Watts. I saw it upon Saturday.
Mr. WiUiams. The musquetoon or gun that
was in your master's lodgings, was it thtft
which was brought by the PoNHider, or no.
W^tts. I cannot tell that.
Mr. WiUiams. Waa it a long piece or a
short piece P
Watts. It was not a short pieces
X. C. J. Did the Polander take^it awagr
with him P-* Watts. No, not that I know of.
Mr. WiUiams. Now, ybun^ man, I would
ask you as to Monday roonung : about what
time on Monday morning did you come to your
master's lodgings ?
Watts. U was between seven and eiglift
o'clock, a little after seven.
Mr. WiUiams, What condition was he in F
Was he in bed, or up ? — Watts. He was up.
Mr. WiUiams. What was he doing ? Was h«
packing up ? — Watts. Not that I see.
Sir Fr. Winn. It was when he asked you
about the hubbub in the street ; pray tell what
he said to you ?
Watts. He asked me what the matter was
with the bustle in the street, and I told hioi
that some were taken that had killed esquir*
Thynn ; and I told him all thestory, as near a#
I could : he asked me when esquire Tliyno
was murdered ; 1 told him the night before ^
but I did not mind any thing that was done :
but as I went down stairs, 1 met with a stran-
ger, and he went up stairs, but I never saw my
master after, till he was taken.
Sir Fr. Winn. Did he ask you what Mr.
Thrnn was P
tVatts. Yes, and I told him I heard he^wi#
a man of a great estate, and well beloved, and
that the duke of Monmouth was in the eoaeb
but a little before, and if he had not gone out^
he had been killed too.
Sir IV*.- ITmn. What said the count to voui
when von told him Mr. Thynn was well be-
loved ?— Watts. He said nothing.
Sir Fr. Winn. Can you remember who if
was came to your master then P
li 'attS' I know the man if I see him again^
Sii* Fr. Winn. Do you know his name f
Waits, No, I do not know his name.
Mr. Williams. Were any of your masltr*^'
goods earned away then P — Watts. Yes.
Mr. WiUiams> What goods, were caiq(|
away then ?— WaU$^ Two pnrtmantton
Mr* WilUmmi. Who carried them away f
Watts. My father carried them away.
Mr. WUUams, What time was it ?
Watts. Between dght and jiiae oVilock,
Sr Jr. Winn. Itwaa time to J>e gone. How
parted youand your master ?
Watts^ The stranger did come in, and I
never saw mj master afterwards.
% Fr. Winri, What, did your master take
pa leaTe, nor say any thing to you ?
Watts. No.
3ar Fr. Winn. What kind of periwig had he
when he went away ?
Watts, He had a black perriwig«
Sir Fr. Winn. What clothes?
Watts. A light-coloured suit, wiih gold
^QtlODfS.
X. C. Baron. Will the count ask the hoy
'&
in the
_ IT. Craven. Did you see the gun
floom after the Polanuer was gone ?
Watts. Yes.
L. C. J. It is very plain that this gun was
none of the sun that did this uuschief, but the
gnn the lV)lander brought over from be-
yond sea.
Sir Fr. Winn. Call the boy's father, Thomas
Watts, (who was sworn.) How long have you
known the count ?
71 Watts. I do not know him, but as I have
aeemhint,
8ir-J?r. Winn. Were you employed to carry
any thing for him ?
T. Watts. Two or three times I was.
Sir. Williams. When were you last em-
ployed by him P
T. Watts. The morrow afier the murder was
committed.
Mr. Williams. 'What tiaae in the morning
was it?
T. Watts. It was between eight and nine
o^dock in the morning.
Mr. Williams. What was it you did for him ?
T Watts. I carried a portmantle, and a
portmantle- trunk, and some other things.
Mr. Williams. Where were you directed to
deliver these ?
T. Watts. His man told me they were to
go to Windsor.
Mr. Williams. Welly tell the whole story.
T. Watts. He i bid roe carry them to Char-
ing-CroGs, that they might be put into the
coach there. But when he came to Chariuff-
Cross, a coachman and he had some wor£,
and he hid him open his boot, and then he took
the&ingv fcom me, and put them into the
coach.
L. C. /. Who was it that told you they were
to gp to Windsor ?
T. Watts. It was his man.
Sir Fr. Winn. I would ask you. Sir, when
iris the first time you knew the count ?
T. Watts. It was ten or eleven days before.
Sb Fr. Winn. What was the occasion that
hnn^t yoa acquainted with him ?
7. Watts. I was Dr. Frederick's porter, and
lie sent me to carry sobe things to tba count.
9} STATE TRIALS, 34 ChaklbsII. 1 $82.— ^mf oikenjar Mwnkr. f 54
Mr. WiUimu. Wat it your son that waited
upon him ?
T, Watts. Yes. For when I brought tho
things, they said they had forgot to give me a
sword which I was to carry with the things :
and I said, tliat I had a boy that I woul^
send, and I did so, and so th^ tock a likiog to
the boy.
Mr. Williams. What was the agreement for
your son's service ?
T. Watts. Six-pence a day and his victuals'.
Sir Fr. Winn. What Was the man's name
(as you remember) that eave you the things t^
carry to the coach, whicb were said to go for
Windsor?— r. Watts. I cannot tell his name.
Mr. Williams. He that pinched and pusbeil
yon back, and took the things from you, and
put them into the coach ?
X. C- J. Did you see the count that mem*
'mg?—T. Watts. No, I did not see him.
Mr. Williams. Have you been laboured and
sought to by any body to conceal your boy, that
he should not be brought at this trial ?
T. Watts. No, Sir.
Mr. Williams. Had you no endeavours used
with you about it ?—T. Watts. No.
Mr. Williams. Did nobody speak of any sudi
thinfftovou?— r. Watts. No.
Mr. Williams. Did any merchant or any
body send to you about this boy, to take him
into service ?
T. Watts. There was a merchant that would
hare helped the boy to a place on Saturday
last, but the jierBons that Hould have procured
it, were about it a good while ago.
Mr. Williams. Call Derick Raynes and
Richard Cliappel, (who were sworn, and Raynes
stood up.) yV hen did you see the count, the
prisoner at the bar ?
Raynes. On Monday in the afternoon.
Mr. Williams. What time was it in the
afternoon? — Raynes. In the evening.
Mr. Williams. Where was it ?
Raynes. At my hmise.
Mr. Williams. Where is that?
Raynes. At Rotherhith .
Mr. Williams. How came the count to your
house ?
V Raynes. I know not ; 1 was not at home
when he came.
' Mr. Williams. Pray when you saw him, had
he his own hair or a perriwig, or how was ha
habited?
Raynes. He had black hair then.
Mr. Williams. How long did he continue at
yonr house ?
Raynes. From Monday till Thursday morn-
ing. *
Mr. Williams. Was he privately there or pub-
lickly ?
Raynes. He walked up and down the house.
Sir Fr. Winn.. What countryman. are you?
Raynes. I am a Swede,
Sir Fr. Winn. What became of him alter
Thnwday.
Raynes. On Thursday morning he to^
water and went to Deptford.
55] STATE TMALS, S4 CttAute II. 16«S*— 7H«i «f Ccmt OmiitgtMrk iS6
Chtqmd. OitThittadiy taataiag, at ttnof
tlio cloclc*
Mr. William. Where?
KrJFr. TFtten. Whattray dMllego,lr|r boat
or hov? ?
Raynes. A waterman carried him. .
Mr. WiUiums. Pray what did the ccnmt say
to you aboat his comiog in a disguise to your
house ?
Raynes. I knew nothing* at all. I came late
home, and when I came to know of him what
be was, then he told me that he was count Co-
ningfsmark.
Mr. WiUiami. What did he say to you when
you discovered that he was the count? What
did he tell you of his business ?
Ratines' He said nothing ; but that he was
desirous to go to Gravesend.
S'u- Fr. Winn, Upon your oath, Sir, did you
furnish him with any clothes ?
Kaynes. Yes, I lent him a coat
■ Sir Fr. Winn. What say you to a black
Auit?
Raynes. The blacksuitdid not belong to roe.
Sir Jr. Winn. Whats?y youtoa velvetaip?
Raynet. I helped him to a coat, stocking,
and shoes.
Sir Fr. Winn. Thai I ask you, what did he
declare to you ?
Raynes. Why, he did desire to have those
clothes.
Sir Fr. Winn. You are an honest man, teU
the trntl).
Raynes. He declared nothing to me.
Sir f>-. Winn. When you dressed him, i^hy
did he put on that habit r
Raynes. He thought his own clothe^ were
ioo cold to go upon the water.
Sir Fr, Winn. Had he no deaths before ?
Raynes. Yes, he had.
Mr. Williams. You had the warmer coat, had
you?
Sir Fr. Wmn. Did he desire you to let him
have your clothes, because he was in trouble ?
Raynes, He desired a coat of me, and a pair
of stockings to keep his legs warm ; and when
be had got them, his own shoes would not
come on, so I lent him a pair of shocis.
Sir Fr. Win?i. I do ask you, did he declare
the reason why he would nave tho$e deaths
was, because ne would not be known ?
Raynes. He said he was afitud of coming
tnto trouble.
Sir Fr. Winn. Why were you unwilling to
tell this ?
Raynes. As soon as I came to know he was
iStie man, I told him he should not stay in my
house.
Sir Fr. Winn. Did you lend him those
clothes, or seU them ?
Raynes. I lent him them.
Sir Fr. Winn. Had you them again ?
Rayngs. No, I had not.
Sir IV, Winn. Are you paid for them, or no?
Raynes. No, my ship lies at the key, and I
came home late in the evening, and found him
there.
Sir Fr. Winn. Setup Richard Chappel.
' BIr. Williams, When did you first see that
gentleman ?
Chappel. At Rodberbith.
Mr. Wmiam. How came you to him? Who
brought you f-^Chappel. That man.
Mf . William. What were you to do with
him ?
C/tappel. To carry him to Gratesend.
Mr. Williams. Do you row in a pair of oati,
ora sculler ?—CAap»€/. AscuUef.
Mr. Williams. Whither did Von carry the
count that day ?— Chappel. To Deptibrd.
Mr. Williams. Whither the next day?
Chappel. To Greenwich.
Williams. And whither then ?
C/mppel. To Greenhith and then the iMSt
day to Gravesend.
Mr. Williams. Was he in the same do^ife
all the while?
Chappel. Yes, all the while.
L. 6. Baron. Were you hired to wait upon
him all that time ?
Chappel. Yes, I was to have five sbittidgk
every 24 hours.
L. C. Baton. Was he alone ?
Chappel. No, this man was with him.
L. C. J. Did he go in the sculler with him ?
Chappel. Yes, to Deptfbrd.
»Ir. Williams. Well, no# we will call the
gentleman that seized him at the waterside at
Gravesend.
Sir Fr. Winn. What did the count call hioK
self? What profession did he tell you he was
-af?
Chappel. He told me he was a merchant.
SirSV. Winn. Did he say he was a jeweller,
upon your oath ?
Chappel. Yes, hfe said hfe had bought jewels.
Sir Fr. Winn. Where is Mr. Gibbons, and
Mr. John Kid P
[Who wei*e sworn, and Mr. Kid stood upt^
Mr. Williams. Mr. Kid, pray, sir, will you
acquaint my loh) and the jury in what condl-
'tion you found the count at Gravesend ? Tell
the whole story, and speak aloud, ^at all may
hear you.
Kid. I had some information upon Friday-
night of him.
Mr. WilUatns. Of whom and what ?
Kid. Of the count where he was. So I
made it my bnsmess to enquire into it On Sa-
turday in the aHemoon a gentleman came tb
me, and guve me certam information where he
thought that gentleman the count was. This
gentleman coming to me, said, Mr. Thynn iH ti
stranger to me, but said he, I would not hare
Mr. Thynn's blood lie at my door. This same
person who is put out in the gazette, I beheve,
1^ at a neighbour's house of mine. Says he, I
desu-e you to be private in it, because it may do
you a prejudice ; so we went into a coach at
Charing-cross to go to a justice of peaee; I
did not know where sir John Reresby iWed, bitt
enquired of Mr. Gibbons, who told me, but be
was not At hovaey and Mr. Brid^nan was not
17] arrMTE trials, H CttAntti II. lG^$.-^iii{ 9thetBj&r Mitrder. r5>
■t bonif ) ib 1(fiG!V6Dt to ftit teCfft^tHtf tfnd flwre
we hiMl a Irarrant, and then I cmtte by wtkter to
RoAetiitfh, and t^s same Raines that ih» ex-
anrineil, and hm wife wliere be lay, were g&ne
to Greenwieb to carfy liis ekftfaes, a grey miff,
ad other elMbes that he had left. So gfOing
dawn to GrfeeiMriob, we caHed etery boat that
was upon the fiver aboard of us, to know,
frhaiee they catile. Afid t^e had takeh b6r
fkstttr tkoog with as, and she called out her
•aber's name, Bfall Raynea, and her brother's
name, Derick Raynes, and so at last we got the
boat wherein they were, on hoard of ns. A»»d
We asked the man what he had done with the
eentleman that lay at his house ? He dechired
be was gone away, he did not know whither.
So I Went back again to ibis gentleman that
<*aTe me this first inihrtnation, who did go to
htm as a neighbour, to know whither he was
etme, and whetehe was to be found, and where
be wocdd hind. 9a he declared the particulars :
That if we missed him that night, we should
haTe him iti the Hope upon Mondar morning,
yapoa a Teasel that was to be cleared upon M on-
miy morning, ^o upon Sunday night coming
to Graresend dbout eight ot time o'clock, or
IbereaAioats, there he landed. There were 13
or 14 St^edes at the same house where he was
to land ; so we thought it convenient to take
Ilin at his first landing, lor fear of further
danger. 8d I staid at the Red 'Hon back- stairs,
and he landed at the fbre-stairs, where the wa-
termen were. As soon as he was laid hold of, I
eameto him ; said I, your lordship shall not
Want finr any thing that is convenient. He de-
sired to know whether I knew him ; I told him
yes ; and that his name was count Coning^-
mark. That is my name, says be ; I do not
deny h. So the mavor came, and the Custom-
faoose officers searched him, and found nothing
at all of any arms about him. He desired he
might be used like 'a gentleman, and so he was ;
fer there waa no abuse given to him, as 1 know
of. Coming op the river, the most of my dis-
touRK was about material aflkits ; a seijeant
that h^d the command of a file of mnsqueteers,
%hieh the deputy governor sent to guard the
coout to Whitehall, a gentleman sittit^ there
by me. Was asking me concerning Mr. Thynn's
tnnrder ; I told him, that I was at Newgate on
t^riday, afad there I saw those that had done
thai barbarons f^ct. With that, my lord asked
what lodgii^ ^ere were in Newgate P And
Whetfier the captidn had a good K)dging ? I
told him a very good one. I^ asked me whe-
ther he confessed any thing: I told liim he
had omfessed some particulars. And, said I,
it is the most baiharous thine that ever was
done. Cvtainlyy says my lord, this Mr. Thynn
most have correspondence and commerce with
tome lady that this captaib knew, that belong-
Hi to the*conrt, or he would never have done
it As for the Polander, 1 told him that be had
eonAMed, he wept mightily. With that my
lordseemed \ery much concerned, and took up
llts clothes and bit them, and sat awhile up,
hot Was verv mtieb dSscoodposed, and then de-
aired to lie down.
Sir Ff, Winn. That Was, wbcM ym told
him, the Polander had oon fea s c d f
Mr. Kid. Yes ; my lord was miglMily al«
tared in his countenance.
8ir Fr. Winn. 1M yon at the first time that
you seized him charge him with the tuurder ?
Mr. Kid, No I did not.
SirFr. Winn. Was he in a black perriwig?
Kid. His cap fell oflf, and his pemwig, just
as I came to him.
Sir Fr. Winn, Set up Mr. Gibbons. Pray
will you tell what passed ?
Gibbons, My lord, as soon as ever he came
to shore, I walked by him, and gave him a
little kind ofa justle ; and ray reason was, to see
whether he had not a black coat under his cam-
paign : I walked close to him just in this man-
ner, as be walked along,, so he turns about n^^n
and went down to the waterside, and adced the
watermen; Watermen, have you stowed your
boat f They answered, yes. Then come away,
said he ; so soon as he came back again, 1
catcfaedliim fast hold by the arm, and the first
word he said to roe was, What, do you come to
rob iwe ? Said I, my lord, you are liiy prisoner,
and I told him I was the king's measenger,
that had waited several days for him ; and
holding of him very hanl; whether that was
the occasion of it or the watermen that wera
od^the other side of him, he dropped down his
sword between his legs ; but when 1 named hit
name, he gave a little start, and his perriwig
dropped oH' his fiice. We went up tbe stnpet to
the mayor, and the people crowding about us,
were very rude and very rugged, and he de-
sired be might be well used. We did all we
could to keep the people from him ; We went
up to the mayor's house, and when we came
there I desired he might be searched, whether
he had any arms ; He said he had none, and
there was none.
Sir Fr. Winn, When yon had the custody of
him, whither did you carry him ?
Gibbons. We carried him to the mayor'a
hodse, and afterwards we removed him from
his house to an inn.
Sirfr. Winn, What did yon do the next
day?
Gibbons. We staid there about ^me two ot
three hours. After an hour, or half an Inmi^a
time, near upon an hour, my lord came ""to me
and asked mewmy name ; and he said, the rea-
son was, that after his trouble was over he
would give me thanks for my civility to him.
Captain Sinkleer, who stood up, gave him my
name before I could, that it was Gibbons. Yea,
said I, my name is Gibbons, and I belong to
the duke of Monmouth : Why, says he, the
duke of Monmouth has no command now
and therefore bow could I take him by hia
order ? My lord, said I, I do not apprehend
you by his order ; you have killed a very good
friena of mine, and had not providence ordered
it othen^'ise, you had like to have killed a more
particular friend, and a master : So, my lord,
he seemed to be very sorry at that ; but, says
he, I don't think they would have done any
harm to the duke of Monmouth.
< a
il9] STATE TRIALS, M Chabi^ks tl. 1682.— Tm/ of CowU Cmumgmmrk [6*
tberp ore ^igainrt yoa. That yoo weft oogni-
zant of thisy and that you were the perwm thai
deogned this : That you cnxae into Ensland
about a fortnight or 3 weeks before the death
of Mr. Thynn ; that cwtain Vratz, who was
one of them that killed nim, came with you,
that he lav at your lodging, that he was oon«
stantly with you, that you lay incognilo there^
and prifate, would not be known what your
name was, that you shifted lodgings from time
to time, that Borosky the Polander came OTer
by your order, Wias brought to your lodging,
was provided for there, that be had clothes, and
be bad a sword provided by your lordship foi^
him, and that tliere was care taken that it
should be an extrordinary good sword, that
you did discourse to Mr. Hanson about your
calling Mr. Thynn to account, and this ropch
about the time, or a little before the time of hia
death, and what the laws of England would ba
in case you should call Mr. Tliynn to account}
Sir ¥r, ITtlm. What else did he say?
GibboM. I think I have told you all that
is material.
Sir Fr. Winn, Were you in the boat at any
tune, and gave him any account of the roan's
having confessed ; what did he say to it ?
Gibbons, Sir, I was not there, nor I did
not come uii in the same boat with him.
Mr. Williamt. Did he mention any thing
about a stain to his blood ?
Gibbons, I ask your pardon, he did so.
Mr. Williams, What did be say ?.
Gibbons, Says he, it is a stain upon my
blood ; but one good action in the wars, or one
lodging upon a counterscarp will wash away all
that.
L. C, J, What did he say was a stain upon
his blood?
Gibbons. My lofd, if you please, I will
tell you : As I said, he asked me my name, be-
cause he would come to give me thanks for my
civility after his trouble was over; the captain,
bc'in{>: quicker than I, told him my name : Yes,
Sir, said I, 'tis Gibbons, and I belong to the
duke of Monmouth ; said he, he has no com-
mand now, how could you come upon his
order ? Said I, I do not come upon his com-
mand, but you have killed a very good friend
of mine, and a ooun|ry man ; and if providence
had not ordered it otberwne, you had killed a
more particular friend of mine, and a master,
that I bad served many years ; said he, I don't
think they would have done the duke of Mon-
mouth any injury : After that he walked up
and down a- while, and then said he, 'tis a stain
upon my blood ; but one good action in the
wars, or a lodging upon a counterscarp, will
wash away all that The mayor was m the
room, and several others.
Sir JV. Witin. Pray, Sir, one thing more;
when you did speak to him of confession, did
he say any thing to you about captain Vratz ?
Gibbons, l^r, he was only asking of me
how thinflfs were, what the people said, or
some such thing ? 1 was not forward to tell
him at first, but afterwards I did tell him, that
the captain had made a confession, thoiigh it
was athin^ I did not know then. Says he I
do not beueve the captain would confess any
thing.
X. C. J, Did he say so?
Gibbons, Yes, he did, to the best of my
remembrance. ^
' Sir Fr, Winn, We have done with our ^i-
denoe, my lord.
L, C. J, My lord Coningsmark, will you
ask him any thing ?
Count Coningsmark, No.
X. C, J, Then the next thing is, you heard
the evidence that is given against you. Now
you must come to your defence : I will put
you in mind of some things, my lord, which
things it will concern you to give some ac-
eount of. It is here laid to your charge. That
you were accessory to this murder of Mr.
'Thynn, and that you were the person that di-
rected and designed it* And tnese evidences
my lady Ogle. And that after all. this, Mr,
Borosky was not only clothed by you, but was
sent by you to Vratz, (that the Doctor says)
and after Vratz him, that he lay in your lodg-
ing that night before this evil tning was done,
and after toe thing was done, the same night
Vratz came to your lodging and was with you,
and had private conference with you, that the
next morning you got up and went away,
though you had taken physic the night be-
fore, and though you yourself, nor your Doc-
tor, thought you fit to go abroad, and you go
away incognito, in a pernwig, disguised, you
direct your servant to carry your clothes one
way while you go another ; then you &;o down
to tne water-side, and lie private near the river,
at a Swede's house at Rotherbith for several
days together ; you afterwanls take great care
to conceal yourself, by changing your clothes,
and putting^ yourself in a gain not like your
own, and giving out you were a merchant or a
jewdler, or some other trade; that afterwarda
you trifled away the time and went 2 or 3 miles*
and then strucK in upon one side of the^river*
and afterwards on the other side of the river,
suspiciously up and do^vn not to be known, and
this not like yourself in any manner, but io a
pitiful popr disguise, and hire a sculler to carry
you, from whom you concealed yourself, and
so all along you trifled away the time till yoa
were taken at Gravesend : That afterwards wbea
you were taken, you were inquisitive about the
captain, whether ne did confess ; that you should
likewise say some such suspicious words aa
these, That you believed those who killed Mr.
Thynn had no design against the duke of Mon-
mouth ; that yon nelieved the captain would
not confess; that you seemed to be concecned
when you were told the Polander had cob«
fessed ; that afterwards you should say, my
lord, this is a stain to my blood ; but one good
action in the wars, or a Jod^^ing upon a counter-
scarp, will take away all thia, or wash it clean.
f 1] STATE TRIALS, S4 CHAfttsft 11* I^S^l^miI otters, far Muritt. [62
And then, wbk^ is also testified against yon,
Ihat yim dbould ask the boj that ?ery morning
«f tbie day the oDnrder was committed, whether
&ey used in Lcmdon here to permit men to
nde up and down on horse-hadt upon a Sun-
^y ? Now these thmgs, my lord, it wiU im-
f9ti you to give some account of.
Sir N. Jokason. My lord says, he desires he
BiaT answer all these things one after another.
X. C. /. Let him do so. And first let him
answer what his reason was to come into £ng-
kod in such a manner incognito, at this time,
and lie concealed, when he had been in £n§r.
land betbre, and Uved in a mighty good eqm-
paee and condition ?
Mr. Craven, My lord, he says that hearing
there was a p^ce between Swedeland and
England, and Holland designed, and like to be
eonfimied suddenly against the French,' he
same with a design to serve England, and to
niae a regiment of horse here for the serrioe
of tbe king of England.
Gonnt Comngtmark, If any such peace
s h o o i d be, if any appearance of an alliance he-
tween Enifland and Holland, and Swedeland^ I
had a des^ to propose, if I could have a regi-
L» C. J. Why did he come unknown, aikd in
a disguise?
Sir N. Johnum. Secondl3r he sa^s, my lord,
the reason of his coming incognito was, be-
sanse he had a distemper upon . his arms and
biesst, and having formerly tried and employed
dus physician, and having experience tnat he
was an able man, he was resolved to lie private-
hr till he had cured himself ; ibr he could not
dnak. wine nor keep company, having this
distemper upon him, and he was afinid, if be
had ki^"^ oompany, it would have hindered his
cure, and he should not have been so soon
cured, as if he kept in the house ^ and he says,
that his equipage could not -come 'till after,
and he would not willingly appear 'till he had
his equipage as a man of his quality ought to
do; and these were the reasons that made him
keep private.
Z. C J. Pray ask him upon what occasion
he did chanse his lodgings so often ?
Sir N.JoSuon. He says that his first lodging
was changed because it was too cold for bun ;
and he says, the next lodging, where he was,
diose that were there can tell, the room where
he was smoaked so cruelly, that he was not
able to endure it. And be says, he liked the
house BO well, that he sent to see if the chimney
could b|^ mended, and it was not to be done,
otherwise he had gone back to that house, and
he has the man and his ivife to bear witness of
ft, if you please.
X. C. /. Let him call them.
Count* Call Joseph Parsons and his wife.
[But they did notappear.3
L C. J. Then ask my lord this, to what
nrpose he did brine: over this P<ribnder here ?
fieoogfat to oonsiderofthot, and give an ac-
foaot why he brought him hither.
' bt^prtUr. He says thi# Pole was taksn
into his service ivhen hewent to Tangier, whea.
he went several thousand miles to do the king's
service, and he had designed at that time to
bring him into England to dress his horses
after the German way.
X. C /. Had the Polander been a groom
formerly ?
Interpreter , He s^y** he thinks he bad been
groom to his uncle beiore.
X. C. J. Bat to what purpose did he bring
him hither ?
Interpreter. He says there was a great dis*
course about Strasburgh's being besieged, he
did design to buy some hordes, for every dne4id
ar|n themselves ; and he says he sent over
1,000 pistols to be answered by themerchant^
here, to buy horses.
X. C. /. Hath he any body to prove it ?
Count, There is Mr. Risby, Mr. Hanson^
and my brother.
Young Counts My lord, I had a bill of Ex-
change.
X. C. J. For bow much paonev, my lord ?
Young Count, For 1000 pistols,' to buy
horses, and he has bought one horse, and way
to buy more.
X. C J. Do you bear, gentlemen, what he
says ? He came over to buy horses, an'd he
returned 1,000 pistols for that purpose ; and his
brother (Joes attest there was such a sum return-
ed by hdis of Exchange, for the buying of
horses.
Interpreter. My lord, he says he does fear
that the jury that do not undei'stand English^
do not understand his reasons for being in a
disguise.
X. C, J. Cannot he give an account of k
himself?
Mr. Williami, No, my lord, his evidence
must be interpreted to them by the Interpreter.
X. C.J. Tne doctor's evidence haUi been
heard already abbut the same nuitter.
Sir N, Johnson. He desires, my lord, to know
this; whether he niay not say the same
things over again to the jury m French?
there are a great many persons of quality that
understand it, and they will see whether he
speak true.
X. C. /. Let him, if he pleases.
Sir Fr. Winn. But then, my lord, I hope
that your lordship will tell the jury it goesror
nothing without proof.
[Then the Count spoke to the Jury in French.
X. C. J. My Lord, I do not knoi^ whether
thegentlemen that are of your right-hand heard
you or not
Jurymen. We understand not French. [Then
the count spake it in Dutch.]
Interpreter. He says, if it had not been (w
the great stormy weather, the Pohmder had
been sooner in London, for he sent for him *
before. He says, the letters go fiomStras*
bufg to Hamburgh inseven days, and that moai
commonl^r diips^do come from tibenoe in sMt
days, but in a great deal less time than the ro-
lander eamsovar in. And he says, thai ha mit
63] STATE TRIALS, 34 Charles II. l682.-*Tna/ ^f Cmni Coning9wmrk [64
four months before to i«toh the Polander ov«r,
and be mi^bt have been here long ere now, if'
it had not been for the weather.
L. C. J. Then, my lord, I would ask you
some more questions, which concerns yoik to
answer. Upon what occasion did you male
your discourse of Mr. Thynn*s death to Mr.
Hanson ? Had you any <Uscourse with him ?
and upon what occasion r
Sir N. Johmon. My lord, he says in common
discourses, it is impossible to give an account of
the di80ourse,H)r renaember the occasion of it so
long ago.
L.C J. Adc him if he bad any quairci with
Mr. Thynn? Or knew Mr. Thynn ?
^ N. Jolmson. He saytf, my lord, that he
never had any quarrel with Mr. Thynn, nor to
the best' of his remembrance, with bU eyes,
jMver saw Mr Thvnn.
L.C,J. Then 1 ask you this, my lord, did
you ever bear Mr. Toypn liad married my
lady Ogle before you last came into Eng-
land ?
Interpreter. He says, he never heard of it
ontilbe wasgoin^toStrasbargh, and then all
the whole town did talk of it
L, C. /. How long is that ago f
Interpreter. Half a year ago.
L. C^J. Then k was before hu last coming
into England.
I9ir Fr, Wihn. My lord, his discourse with
Mr. Hanson, was not when he was last in town,
but before.
L. C. J. Then pray ask Irim tbifl, what oc-
casion be had to ask the boy upon SundaT.
whether horses might ride about the town of a
Sunday ?
Interpreter. He says, my lord, this is a veiy
strange thing, that he s&odld go and ask a
seoHMn-boy, whether people might ride on
Smdays, when he himself, over and over again
has rid upon Ssoidavfii to Hyde-Paik, as niany
persons of qualitr do.
L. C. J. Has be any body to pvove it?
Bir N. Johnwa. Here is major Oglethorp,
(who, with divers other gentlemen, testified they
liad seen him ridingr divers times, en Sundays,
m Hyde-Par^. "
L. C. J. Tnen that questten signifies no-
thing ; there oould be notbinff in that question.
Sir N. Jchmon. My lordThe de^res that I
may b«^ examined concerning the boy, of what
I heacd by chance from the boy himself, and I
wfll give you an account of it upon my &ith and
Toputation.
£. C. /. Do BO, Sir Nathaniel, say what
you can say.
Sir N. Johnmrn. My lofd, I having had the
honour to serve a -while under my lord's fother,
I WM desirous, knowing the honour of the
fhbuly, and bearinga grrat respect to it, to do
My lord all the rea^inable service I could. So
heiHing my \Kvr6 was taken, ajid in Newgate,
i went to wtMt upon'him ; and coming there,
if r. Uiohardson told me^ there was a Uttle boy
*«nai«id at the count's door for his wages, as he
mki. So Iapak«t»lhebey, andtfkadhim,
whatdo'st thou stay for ? He laid rae for his
wages. Said I, certainly nay Imtl will pay
you your wages ; how long hare yoq aerve«
nim ? He said, a little whila ; and then said I,
if you Ikwed with him, what do you know of
his business? And then ofhinaseif he began
and told me : only this I know. That VralB
was an my master's chamber that oitffat, and
the PolauM' that mght went 4Mit wim a jpair
of boots under his arm, and more than this I
do not know. Said I, boy, who do yau serye ?
Says be, I have no master at present; but
mn of his own accord be told me, sir Thnmm
Thynn bad nroKused him a place, and in the
mean time, r am, says he, to go to aerre my
lord Privy-Seal; and oo noiyToed gave him
90r. for his wages.
Interpreter. My lard desices die boy may
he asked', whether he did not go to fetch
plwwc.
X. C /. Ask him ; where is the boy ?
Watts. No, 1 do not remember it.
L. C. J. Now, you should put the oooot in
•mind.
Sir Fr. Winm. We observe what a aovt of
iaterprelar sir N. JohniMm is : he speaks move
like an advocate Uian an interpreter ; he min-
gies iQterpfeter, and witness, and advdbate to-
getl)er, I don't know what to make of him.
L. C, J. The count had taken physw that
day.
i^ TAoimu^IT^n. My lord, I desire to be
heard, I never smdte to the boy in ail my lifo.
Mr. rAyiifi. Nor I. Bai he gave the same
testimony be ^ves now, bcfose the king and
council:
jL C J. Look you, sir Thomas, it does nat
ooacern you at all tospeak to tfaait, there is no
reieotioii made upon you in it But my Imrd
Ckmiogsmark, it wiU conceni you a htUe, to
shew upon what occasion eaptam Vratx came
to you that night that Mr. Thynn waa IdHed.
interpreter. He says, my lord, he cant
teU why he came there ; it is a proper ques-
tion to ask ^rntain Vratz himself.
L. C.J. That can't be.
Interpreter. He says, my lord, he kept his
chamber at that time; he had taken cold
upon his taking physic, and the captain came
to give him a visit, and he never reflected what
any one came for ; he was lying upon his bed.
L. C. Baron. Pray a^ my lord this : why
this man, tliat was sent over to attend horses,
should came upon tlie Friday, and a cam-
paign coat be boiiglit him on the Saturday, and
he nimiriied with a sword on the Sunday P
' Interpreter. My lord, the noise is great, but
I suppose your lordship desires to know what
was the reason why he Dought a sword for him
and a coat?
L, C. Btunm. Ay, and how he came by the
buff-coat ?
interpreter. He ^ays he had that before.
L. C. Betron. Bat why must he have sueh
aatrong baaket-bilted sword furnished him in
a day's^time.
^iitmrpreter. He aaye, my lord, •• to the
4
fe] WMrra TfrtlALS, S4 Charles 11. l682.— amf others, for Murder. [66
iSMiies^ ^Heii lie saw bun with all his clothes
leni, he must of necessity g«t him a coat, or
life he was a shame to him and hisi^enice.
And 19 for the sword, it \ras no more (he sa^^s)
ihaa what servants of bis bulk and making
ned to wear.
% If. Jokrt^m. And he says aQ t!ic servants
«f gjentlemeti it Gennany weai* such broad
tirordv.
i. C. J. You know it yoarself, sir f^athantei
Jbhosdn, you hart^trareUed there.
Sir.N^. Johnson. Yes, my lord, they do ; and
flie' Vo\es much broader and greater swords
Aaa the others* Here is one in court that
liffa a gr^at broad sword now by his side.
L. C. J- Now, my lord, it will im|)ort you
tft ^e some account, how, you having
troD^ht over this Polandcr (as you say) to
\htioae boTses, and help you in the mauage-
Bsent erf them, to take care of them in the
kahire of a oroooi, how yon came to part with
Mm to captekn Vratz as soon as he came over ?
Interpreter. My lord, he says, being that
tap was sick himself, and tliere was no hopes of
' iSic alliance between England and Holland, he
had na ^tmh occasion for him, as when he
%rrate ftnr him, and thei^fore saw no reosod to
fteep him.
X. C J. How long was it beftre that he
imts for Htnii ?
Coant. JFy lord, after the siege of Stras-
idrgh, when"^ every body thought there would
hwfe been a War, but it was not so ; th^efbre
f had not need of him, but he had been seven
#eek9 at sea ; and, my lord, it is a common
lOam^ iuQermanv.
Interpreter. He says, it is a common thing
id diehr coantry , to gpve servants aWay , if there
htriio occastoa for them.
Cnrnf. My lord, it is a common thing in
QeiYilany, it may be, it may not be so much
fMdin England to give a servant away.
jL. C. l^rpn. What, the next day that he
comes orer ?
t, C. J. WUat say yon, Or Nathaniel
Jblnisoit'?
flb If. Jxjknian. Yes, my lord, it is Yety
ifeqoent in Germany to give a servant away if
tbere benousenf him^ for these Folaadcrs are
Hke blares.
Interpreter, And, my lord; he says> that
Mr. Russel does know, that the merchant that
seat him over hither is a man of good repute ;
0eA' if this man had had an ill deputation in
(Sennany, he vvo'titd not have sent hitit.
' Witnctf. My loi*d, I know very well he is a
tan of very gfreat credit' in Hamburgh, and of
great estate.
LC. Ji Bid he send over this Polander?
Witness, Yes, my l6rd, so I understand.
X. C. f. Ctta 3'ou speak of his credit, sir
IKftbsiei J(^lm<«yn ?
* Witwag. Of the metclianfs credit I cian,
my lord ; I know him to be a man ^f consi-
derable estate and credit; He is a man of such
itpotaiiofi, tHal he would not send a man of an
m^utatiaii'.
TOi. IX.
i. C. Baron, Oh, Sir, ' Nemo . rcpente ftt
' turpissimus.' He could not be so ill a roan at
the nrst dash ; he must be a man probable tor
such a service.
•Sir Fr. Winn. You. may observe, my lord,
how sir Nathaniel Jubnsoii v ho is interpreter
in the case, is a witness, and argues for the
prisoner too.
Mr, Witliamt, Pray, ^ Nathaniel, is a
rencounter the killing of a man after this
manner ?
Sir N. Johnson, A rencounter is another
sort of thing', Sir ; you don't speak as if you
were a soluicr.
Mr. Wiihams: My being a soldier or not
is nothing to the business ; but the captain said,
he intended' to have made a rencounter of it.
Sir Fr, Winn, But, my lord," we desire to
take notice of sir Nathaniel's forwardness ;
for it may be a precedent in other cases.
L. C. J. What do you talk of a precedent?
When did you see a precedent of a like trial of
strangers, that coidd speak not a word of Eng-
lish; but you would fain ha\e the Court
thought hard of, for doing things that are ex-
traordinary in this case.
Mr. Craven, My lord, he desires he ifaay
inform the jury what he sent for this Po-
lander for.
X. C. J, Let him.
[Then the domA spake it in French and Dotch.]
9
L. C,J. My lord, another thing is diis, how
came your lordship presently to go aws^ in
such a private secret manner, and to direct
your clothes to be sent as it were to Windsor ?
And yourself to go away, and to make such a
private withdrawing of yourself down the
river in this manner F
Mr. Craven. My lord, he says, that one
Markham, that is here, came and told him,
^at upon the killing of this man by the Po-
lander and the captain, who were taken in
such a fact, there was a discourse of it that
it might turn to hb prejudice, and &at the
common people do commonly fall upon stran-
gers; that his tay lor told, him; that he heard
the common people name him' as concerned in
it^ and that he believed, if the common people
did catch him, they would tear him to pieces,
and so his friends did counsel him that ha
would withdraw himself.
L. C. J. Is the taylor here P Call him.
Interpreter, Call Markliam the taylor. (n^ho
stood up.)
Sir N. Johnson. My lord, he says, that he
was afraid the people might tear him to pieces,
before he could come to justify himself.
X. C. J. Look you, friend j did you come
to coimt CohiAgsmark's lodgings after Mr.
Thynn was killed, on the Monday morning f
Markham. Yes.
L. C, J. What did you tell him ?
Markham, I told him nothing, but I wa>
sent there by Mr. Hanson ; savs he, tell the
count that the duke of Monmouth and several •
noblemea have beeb here : ^o w I had not s^ea
F
671 STATE TRIALS, 34 Cuables II. 1 68£.^Trta/ fff Count Conhtgmmrk [69
the count at that time before, but he told me
ivhere he lod^d ; when I came there I, told
the count of it, but be told me he knew no-
things of it ; but, said he, I am sorry if any
such thine be done.
L. C. J. But what did you say his friends
advised him to about it ?
Markham, I did say nothing of it.
[Then the count spake to him in Duteh.]
Markham. That was aflcrwards.
' X. C. J. What was that afterwards ?
Markham, I was told, the people said, if he
were taken he .would be knocked on the head.
X, C. J. What time afterwards was it ?
Jilarkham, After he went away.
X. C. J. Who told you so then ?
Markham, Mr. Hanson told me so then ;
I would not toll a lie for all the world.
Count, He can tell also when I went away
^^-the rest he nwke in Dutch.'
Interpreter. He says this man can witness,
that heasked his man what inoney he had left,
and he told him that he had not above 10 or
11/. so he put his hand in his bag and took out
•ome, and put it into his pocket.
Count. So ill was I provided for an escape.
X. C J. Ask him that question; do you
know any thing of what money he took with
him?
Markham, No, I saw him take an handful of
silver, but what it was I cannot tell.
Mr. Thynn, He had 7 or 8/. about him when
he was taken.
Interpreter, He desires leave to tell it to
the jury, (which he did.)
Jt. C J, Now,, my lord, this will require
some answer ; how came you to tell those gen-
tlemen that took you, that he believed Mr.
Vratz and the rest would have done the duke
of Monmouth no harm ? ^
Interpreter, He says, the people told, when
be waa taken, that the di;ike of Monmouth was
in the coach, and that they did follow the
coach a g^'eat >^'ay, and would not do the ac-
tion till the duke of Blonmouth was out of the
coach.
Count, They did tell me, the croud that
were about me, that those that were taken said
that they would rot do it till the duke was out.
Interpreter, And he says, that gave him
sufficient reason to say to Mr. Gibbons that he
did behere they had no design upon his grace
the duke of Monmouth.
X. C. J. He heard it so commonly, it seems.
Now, my lord, there is one thing more that
you should explain yourself in, what you
meant by this when you said it would be a
stain upon your blood, yet one noble act in
war, or the lodging upon a counterscarp,
would wash it off.
Interpreter, He says, my lord, that though
he knew himself not guilty of any thing, yet
his being taken upon suspicion, and clapped up
in prison, would be a great disgrace to him, and
would be worse resented in his o^vn country
than tho thing itself was : It being not the
custom in his country to take persons of
quality prisoners in that manner.
X. C. J, Now, my lord, is there any person
that yon would have called to ask anr ques-
tions of? If you have, they shall be called.
Count, No, my lord ; nut if you please to
give meleaTe to tell something- that may be ne-
cessary. [Then he spake in Dutch . 3
Sir N, Johnson, My lord, he says, if yoa
will give him leave, though it does not come
very well ftt>m himself, yet he desires to say
something for his own reputation.
Mr. Williams, He should be armed witfi
witnesses to make his defence.
X. C. J. It is fit for any men that stand
heipeto say any thing that is reasonable for
themselves. My lord, if vou can speak any
thing that yOu apprehend the jury can under-
stand, speak to them what you please, so as
they understand it, but do not be t<x> long. ~
Mr. Craven, My lord, if vour lordship
please, he says he would spoik it nrst in French,
and then in German.
X. C. J. Ay, hut then the Englishmen of
the jury will not understand a wora of it ; he
had better speak in English to the jury.
X. C. X (North.) Bly lord, it u an indif-
ferent thing, it may be interpreted, not being
matter of net.
Sir N. Johnson, My lord, lie says it is a
great happiness in all nis trouble, that he was
in a country where he was^ to appear before a
protestant iudicature, himself hemg a a pro-
testant, and his forefa^ers also. He says, that
his fore-fathei-s, under Gustavus AJolphus,
were soldiers, and did there, with their swords
in their hands, and the loss of their blood, en-
deayour to settle the jprotestant religion in
Germany, and protect it there : He says, that
it has been the nonour of himself and his fa-
mily, that they have always been ready to yen-
ture their blood and their lives for the ad-
vantage of the protestant rdipon, as the ex-
amples of his g^randfather and father do shew ;
and there was never any thing done byhis &-
milybut what was done for the honour of
his country, and his religion: And he says,
that if any of his former actions can give any
the least snopicion of his hemg guilty of this,
or any foul lact, he is yery wilhn$[ to lay down
his lire, and very vrilling to have it cat off im-
mediately.
Count, Immediately.
Sir N. Johnson. He says, that he is yery
I'^^y* upon all occasions, to serve the king of
England ; and that he loves the English na-
tion so weO, as always to be ready to do any
thing to serve them.
Count. Without any interest in the world,
against the will of all my rdations ; and I have
brought my brother into England to be brought
up into the Protestant rdHgion, to shew mv
inclinations to the religion, and the English
nation.
L, C, J, Haye vou done ?
Sir Fr. Win, Yes, my lord, we haye done
with our eyidenoe, and we ha? e no mattsr of'
«
STATE TRIALS* 34 Charles II. l6sz.--aHd aiheri^for Murder. [70
&et to ivpiy unto ; batwe think it is oar duty,
oD^cieniig the defience my ]ord has mtfde,
t^ we should take some care to put the king's
ciidenoe a little togedier, it being a case ot^
aadi luiture, and so cruel and horrid a murder.
My Ixfecd, and you Gentlemen of the Jury, I
am of cofonsel here for the kine, and you are
nntlemeD upon an enquiry to nnd out the of-
ndeis in a very ffreat, a baiharous, and a wil-
fid mmrder. And, my lord, in relation to the
principaJs, J need not spend your lordship's and
the jury's time about them ; for all those three
men, that ate indicted as principals, do, my
kid, oonleaB the fact, though th^ do it in a
£ferent nmnner, and though in form of law
they hare pleaded Not Guilty ; yet when they
cane to be asked the question, their guilt flies
b their iiioes, and they cannot deny it. So
dbenibrthofle three men there is no need to
spend time in repeating the evidence.
But, my lord, that seems to require the con-
aideratioa (tf the jury is, whether this wicked
and horrid minder he only circumscribed in
the goilt of it to those three men that have
oonnssed it, car whether any rational man in
the world wiQ believe, upon the account they
give tliemselves, that they had only a design,
a study, or a deligfat to loll this innocent gen-
tleman. No, my lord, the thing must Tie a
fitde deeper, and there must be some other
icawn why this barbarous murder vras com-
mitted, 1 would crave your pardon for what 1
say. My hnd, I would not speak any thing
that afaomd mislead a jury in matters of blood,
and 1 tfaank it was rightly said by your lord-
ship, that when a man is tried for his life, we
ought all to behave ourselves seriously, as in a
matter <^ weight and moment. And so it is, I*
think, a Tery serious thing, and a matter of
eoDcemnient to us all to enquire who hath shed
innocent blood ; for such was this poor gentle-
man's blood that was killed, innocent blood.
My lord, this count is a very unhappy per-
son to have such a relation as has been proved
to be of the principals : I will do my lord no
wrong in the repetition, if I do, and am mis-
taken, I craTC your direction, I am sure you
wiU eorrect me in it. Two of the persons that
are piincipab, that was captain Vratz and the
Polander, happened to be persons relating to
my lord^B family as his servants. For it is
agreed by the witnesses that were thai comet's
frwnds, that they came over into England ivith
the eoimt, the last time he came over in that
private manner ; and it is likewise proved, and
not denied by him, that captain Yratz was fre-
qoenliy with him, not only to the very day
when this bloody fact was done, but afier that
peat crime was committed : I say, my lord,
It is a very mifortunate thii^ for this lord, that
th^ men should have so near a relatioa to
bim, who have had their hands in it, and can
pfe DO account why th^ did it.
My lordy I do know, (and your lordship has
yady directed ns) that no evidence from one
pisoner, or the confession of one can charge
(kothoB IB point of evidenuDes but J cannot
but take aotioe, that captain Vrats could giva
no reason in the world fur it, but as it were for
some aifrout to the count and himself. But,
my lord, the evidence that lies heavy upon this
lord at the bar, is made up of these particulars.
First, That here is a murder committed is
plain, then that this lord did fly, is also plain,
and when he did fly, gentlemen, he kept him-
self in di^^ise before that fact was committed,
and whether or no the reasons be sufficient
that he has given to your lordship, and the
jury, must be left to consideration. He says,
that he had not his equipage, that he was not
very well, and that he could not drink wine :
those I take to be the reasons given, why my
lord Coningsmark did conceal himself, till the
time after Uie fact was committed.
X. C. /. He was taking of physic, and ha
thought it might be prejumcial to him to drink
wine,, or keep c<mipany.
8ir Fr, Wtnn. But, my lord, these kind of
shifts, we think, are not able to balance the
evidence ; for that which is truly the evidence
is this, Mr. Hanson, who is very much con-
versant in that; family, and who did give his
evidence very linwiihiijdy ; yet, he dul really
confess that, which wDI go very far in tliis
case ; for afVer he vras pressed several tiroes
{your lordship, and the court, and the counsel
pressed him) to tell what was the reason of that
discourse he had with the Swedish resident,
and he was asked, Had you any command
from my lord Coningsmark? He answered
no : but, says he, I mought it would please
him, if I could have the opinion of the agent
or resident to know what tlie laws of Enghnd
were, if so be he called Mr. Tbynn to account,
and what the consequence would be in refer-
ence to bis design upon my lady Ogle, and
upon this he does go, and ask the question of
this resident.
. Now, What does he mean by this calling »tQ
account? We must take things according to
the reason of them. Certaimy it was soma
oflence that he had taken to Mr. 'i'hyno, and
that is ijlain in regard when he was asked what
the prejudice did refer to, Mr. Hanson was
pleased to name that great lady, my lady Ogle,^
and said she was mentioned, and he did desire^
to know what the influence of the laws of Eng-
land would be in that matter, if be should call
him to account.
My lord, I think, with submission, it carries
this m it, as if he had a purpose in his mind to
caU Mr. Thynn to account by quarrelling with
him and hazarding him in nis life ; I do not
undertake, nor would not, of myself, to ex-
pound it, but this I will say, it must signify
something, and nuist have some consideration ;
and without all doubt, a person of this lord's
quality would liot let ftdisuch an expression^
but for some end and purpose.
My lord, after Mr. Hanson bad given his
long evidence, which came so difficultly from
him, we traced it down by several witnesses,
Wright, Harder, and others; that this Po*-
landtr canK OYer, a» it happened, on the Fri-
71] STATETRIALS, 54Chablk8 II. l662.r*7Ka/ 1^ CbMl Cfinkigmm-k [ff
4ay, (which » a thing comes mighty dose)
npoa the Siitarday he is proviiled \nm a coat
and a .sword ; oa the Sunday he committed
this inhaman bloody fact. Now, it is a mighty
unfortunate circumstauce upon this lord, that
this should be a man whom my loi-d Coniugs-
mark should be so Tery much concerned ibr,
that because he was not come, he should be
afraid he had miscarried in the weather; to
ihat his answer was this, that he was sent for
cnrer by liim to look after his horses, and he
liad c(imc a great deal sooner, if it had not
beett ibr the storsny weather. But, yoar lord-
ship observes, that it was not above three or
four months before, and then by -his own shew-
ing tlie biuiiness of Mr. Tfaynn, and his mar-
riage with my lady Ogie was talked of far and
near ; and so, my ioriC it makes tlie sui^Mcion
of the malice the greater, that he who has
done this bloody murder, and has been so much
under the command of (bis lord's family, that
he should come but two days before, aitd tite
count provide him with a wword that very day,
and then tiiat letter from captain Vratz to Dr
Harder, which he carried to dhe count, and the
count ituifl, but of which he can tell you none
of the contents; that speaks something in re-
gard when the doctor went away, this iV>lander
was sent to the captain by the doctor ; bat
this is certain, however,, tnere was a sword
that was brought by the cutter, that sword was
oairied up to the count's chamber, that sword
was deliyeied afterwards to the Polauder ; for
he had it on the Hunday morning when he
went away with the boots under his arm, and
the campaisp) coat upon his back, with a buff-
coat under it ; and he went out, aitd never re-
turned till the iiftct %va8 committed.
I say, ray lord, it canies a vehement suspi-
cion, that he was privy to this murder, because
this was a servant at his devotion, and your
lonlship and the jury see what kind of a crea-
ture he is, likely to io any thing, being at the
command of so great a person.
•But then, my lord, to come closer to the
Cftitter, (for I will only repeat that which is
most material) tliere is the evidence of the
boy, who I must say, tells you a very sensible
story; he tells you upon what account he
came to him, that he was there ten days before
the murder was committed; he swears ex-
nressly, that the Polander lay there the night
before, was there that morning, went away
with the sword, and Dr. Haider with him ;
that this murder was committed about eight
O'elock at night, that captain Vratz came
buKtlinjj into the cotmt's lodgingn, where he
lay concealed, and the boy, by airreement, fee-
ing to »;'o home every night, staid tUl half an
hour past nine, and leil the captain there at
that tmie, and the captain had been there m
the morning.
My lord, surely it is a strange thing, and
much to be wondered at, that the captain, who
had tlie manajfement of this murder, had no
wbei^e to go ibr a refuge, but to his patron
my lor* ConiBgmnvk» re^mg hot witli Mr.
Tbytm's Mood, when ilie blow Was giveo^
within an hour after the murder ^mmitted,
(for so the boy swears emrcssly, ibr the ■blow
was given at eight o'clock) stni alterwardafae
went to the doctor's to bed, abfiot ten o'ckick
at nigiit, as the doctor hath confessed ; 1 take
that for a mighty evidence. And then^ mkf
lord, upon the Monday morning, when the
boy comes in, the count asks faim. What wae
the matter with tlie bustle in the street the last
night ? Will any man in England believe, but
that he had had earUer uewy of it? And §uf
what reason should he ask the question, if Mr«
Hanson speaks true, who brought the news in
from Whttebali ?
But tiie great question that we nwnder should
be asked the boy, is what Mr. Thynn was P
Which certainly was a very odd expression, if
we consider what Mr. Hanson says. That the
count had mentioned him in his discourse, sod
my lady Ogie too. One of the count's answers
was, It could not be imagined that he could
speak io a scullion-boy ; but you see the boy
swears it, and tells it so, as that it is rery
probable.
We now come, my lord, to give an aeosuot of
hb flight
The fother of the boy comes in the nmminr i
and I would observe, though be pretended bis
business and bis distemper brought bim over,
and that be was ill and under cure ; yet tbts
matter made the place too hot to hold bim ; sUi^
here he durst not ; immediately be forgot bis
physician's prescriptions, and gave order to bis
man to send awa)r nis things. Then the boy's
fotlier was sent for, and me portraantles are .
siven him, and he is told my Imd was going ti^
Windsor ; but when he came to Cbaring«Cross
the things are put into a coach in the Strand,
and from thencs they went for Rotberhitfa.
Then came the man at whose house he lay»
and he was a Swede, and by the way I "would
observe, the wlmesses are most of them my
lord's own friends, unwilling to tell the truth
until we get it (and that very nardly ) from them.
This man was very unwilling to tell bis know*
ledge, but begot him the clothes, which dothes,
by the bulk ot the man, one wouUl think would
hardly fit the count .: but the more he was dis*
guised, the more was* his security ; and wheu
he was asked this question, why ne desired to
have these clothes to secure him ? He said at
last. It was to prevent trouble. '
Now let us consider, my lord, whether tbd
count has given any answer lb that. Mylord|
there is nothing in what he said, under pardon.
He says, he went away, because he was afraid
the people would tear him in pieces, before he
could justify himself. If be were innocent, hs
knew where to go to be secure irAm any hurt
iVom the people ; he might have applied bim«
self to your lordship, or to any other magis*
trate. He is so ingenious he could not but
know he might have protected himself undef
the government, which protects and secures
say man whatsoever if he be innoemt.
I bavs these two tbiogv neoe to mcntiaB^
fi] STATiE T&IALi, 34 CJKA&LES IL iCBe^P-^Mdr Marfjwr Bturdtr. {JA
«dllM«itkrilfeNnieilto your tocUiip, «bi*
thejiuj ; anrf oba w liie eridpMf of Mr. Gib"
kMis,aiidJllr. Sid.
Mr. Kid girc^ tkA vtoh to ase k a reiy
Material efidence at* wiiat |ttawl ^en they
idzeii him : as they weraooming up the river,
the coant airiai him, whelher ttaw were. any
gaod Mgin^ in l^ewgale ? and pai$ieidaiiy
opraasad Ihs cave af tlw ca^itaiD, to ask wbe-
Iharhe were wcU lodged. Aadwheahewae
Irid tfiat Ibe Palander had«OB&Ked, he nys he
wenwd od the sudden 4o be vary MMch een-
CRved, bit his <doAeS| and threw hi^tisflf along
witfi aoioe agony. My ierd, «d iauocent man
seeded not to use any such actions.
Then onics Mr. Gibbons, n^o was mry in-
itnunental in tiie puisuiag of' him, and is known
to be an banest man, he gi^os lAiis avidenoe,
tbit when diere was a osoourse about Mr.
lliynn, an4 his old master die duke of Mon-
mouth, the ooont, presently replied, they meant
to bare done die dake of Monmou^ no harm ;
and waHring about the room on a sudden, burst
oat into this expression, This is a stain upon
my blood, but one good action in the wars, or
Issging npoa a counterscarp will wash it all
away.
^ow, ny lord, as to what he answers to this,
I lay any bmb may make that evasion which
b»Wb«ddekcuseit by, to say that the accusa-
tion ii a scandal or a slain, may be worse than
the guilt of the action ; buUyour lordship and
Aejary see iMainlv, if so be the thoughts of a
nan's own ieartlte that he is Guilty, it will
break oat some way or oUier. These things
1 only repeat, I leave thcMi to the consideration
sf the jury.
But when I have said ^is, there is ene thing
■lore, and timt is, above aU, relating to the
captain : says Mr. Gibbons, I did not know
tbat the oafjtsin had con^sed, but 1 did ven-
ture to say he had ; but the count replied he
M not l>elieve the captain had confessed.
My tard, yon see how the captain appears
bme you, and if the count wiH take upon bim
tossy, he does not believe the captain would coo •
^ ; it dotb strongly argue he knew as much of
Ibeeaplaifi'a mind as he himself. Then look upon
tbe resolute behaviour of the captain, the fa-
■uiiarity he Kved in with the count, that he had
ibvaysbeena dep^damt upon his family, it
•bewi some reason for bis assurance of secrecy
ftom the captain, l^iathe would not confess the
SBtbor of this most notorious murder, and it
hea heavy upon him. My lord, I look upon
IbediflCGvery of fiiis as a very miraculous thing ;
sad pray consider, gentlemen, where shall a
nongo to settle his thoughts i»r the original
besueas ? I>o you (or can you) think it was
ke^oD, invented and contrived by yonder three
BMn ^ To what end or purpose, or for what ad-
vaatitfeto them ? you nave heard the evidence
••£ ihave repeated to you ; you hfiv^ heard
^^tbis lord has said for himself ; how Ik has
M, and what has been done. My lord, I
^Bot use any thing of argnment to persnade
"^J^ ; bHtleamiotdKiie but say, we kaoir
no w&aictD fo4br 4^ asdhor of dhts vittulMNih
f^uot, usr wbsm to aBouse as 4he mme -oan*^
trivar, hut ibis ooont befoM yau. I pray 4ie
God of Heaven to direot yon in your en-'.
qairy ; and if I have said any thing aDnas,
I hi^ yoar pardon for it.
[Then a great ahou) was made» which the
court rebuked tbepeople for.]
Mr. Wmi«mi$, My kMrd, I did not thiidc to
have aaid ai^ thing more in this case ; but I
mnsterave yo«r lorasbip's and the jury's pali-
enoa for a few words. As for jhe three persons
at the bar (the Pole, the Captain, and the
Lieatenant) it is, gentlemen, very notorious
they aie g^nltjr m this most hellish mur-
der. But all the labour and difficulty of thia
matter is, haw iar tiiis ooont is Guilty or Not
Guilty.
Ptb^, gantkmen, do hut afiserve tiie nateie
of this crime, and the manner of our evidence
that has been g[iven you. The crime he is ac-
ouaed of| is, ibrbemg acceaaary to a witfhl
murder: accessary tefore the fact; contri-
ving of it, and laymg the train, whidi these
nereons wai« made use of to fire. This
being so, it is almost impossible to give you
that dear ttgbt and pregnant proof against an
accessary, as against the principals. The
principal is he that doth the fact; that is
notorious and open. Ilie accessary is the per*
son that prepares the scheme, contrives the
management, first setsthe wheel on wciric, gives
the necessary instructions, who lies behind the
I curtain. Now, considering that, and the nature
' of the thing, it is impossibly to nve a dearer
evidence than what you hat« had.
Pray, gentlemen, do but first consider who
hath been the privadees and the intimates itf*
tllis count, with whom he has had conference
since he came into England, Hanson and Dr,
Frederidc, who are brought as witnessea
(though unwilling ones) against him : the boy
that was employ^ by him ; he is in no other
hands ; I cannot bear he was amon^ any other
persons but these, and captain Vratz, and the
Polander. These are his company, and those
alone with whom he had conversation. Now,
gentlemen, that we should be abl^ to produce
Siese very men (that were his only companions}
i^inst him as witeesses, is a mighty things
considering the privacy he lay in.
As for Vrats, his most intimate privado, he
easneover with him into England, liw'd arith
him in his first lodging, and was ooutinuallj^
with him dnring his utay. 8o then, W hat can
we oqiect about this man, gentlemen, when he
had laid his design with all the privacy he
could, would have as little conversation with
Englishmen as he joould. It was very craftily
laid, that h? would converae with none but those
that were privy to his design , or had an 'han<t
in it in a ^eat measure. 'Then pray considet
how it was carried oo, gentlemen; Vrata^
who was the great commander, and the Po-
lande)r, who was the immediate actor In it, bad
been his oimsefTanls. TratSi Isay^hehadft
7i] STATE TRIALS, 34 Cbahles II. i6Sfi.'^T)rial of Count Comngsmurk [76
great confideaoe in ; he came orer vrbik him ;
and will not ta^ man believe, tlutt this man»
who eat of his mread, who lay in his family,
was a likely man to do this for his sake, that
thus cherished him ? For whose sake, pray,
can it be thought to be? Not for his own
sake ; for the captain tells yon he never had
any communication or conversation with this
nnhappy gentleman, Mr. Thynn. So tiiat if it
w^ as they Would have it, that they did it out
of respect to this count, who was thecaptain^s
friend, it will turn upon the same point, and
confirm the suspicion. Why should tibe Po-
lander do it, if he had no reason to do it upon
his bwn account ? For he never saw the face
of Mr. Thynn, but was brought hood-winked,
in a manner, to the fact
Therefore whether it were not done for his
sake, is that which you are to consider ; and as
a proof that for the count it was done. I shall
nitch upon one circumstance that will bring it
, nome to his door, and that is, the evidence of
llanson, his brother's tutor : And, by the way,
I cannot but repeat it, that this thread goes
through all the cloth, we have no witnesses -but
those of his own faniiliar acquaintance and de-
pendance. Now Hanson has (though very
shufflingly) told you, the count and he iiad
some discourse about my lady Ogle; and
though we cannot come to know all the drcum-
stances, yet he does acknowledge so much, as
that there was mention made of requiring satis-
fiiction of Mr. Thynn, or some account of him,
and what might be the consequences of the
laws of Engluid, in reference to my lady Ogle,
in case he should call him to account. So far
be is plam, though he will not tell what the
discourse was ; that there was a discourse of
my lady O^le, of Mr. Thynn, of askbg satis-
&ction of Mr. Thynn, or calling him to ac-
count, and what the consequences m law might
be. And pray, gentlemen, observe, being to
take advice about this matter, they would not
consult an English lawyer, though I see one
behind him now, but a foreigner, the Swedi^
a^nt ; not ask the opinion^ one man of this
kmgdom. And then he gives you a mighty
reason for it, That the Swedish rendentknew
reiy well how to advise him in'this affair, l>e-
cause he had lived in England about 19 years:
80 that aU his acquaintance and friends, the
managers of the business, and those consulted
with about it, all outlandishmen; I cannot say
they are all guilty, but I will say this makes
our proof more difficult.
Gentlemen, This being taken notice of as a
DUghW circumstance, I woukl bring it a little
mort home to this gentleman, whom we accuse
as accessary belhre the ftMt. Pray consider how
all along he ky skulking, and hiding himself in
disguise, and shifting his lodging from place to
place. I need not repeat it, nut I would desire
you to think of what was concurrent with that
▼ery day, and, as it were, concomitant with
the very murder, and that will appear to be
sufficient to satisfy any rational man. We
u% Bot pickii^ up an evidence upon flying
vol
his
nai
woads, or nnconclndingf circomstances, but we
offer fads to you, the facts ai-e to guide yeu,
ou being to compare facts with facts. As to
lurking and hiding, this gentleman gives
u no manner of rational account, that he
ad any business with any man in England
that should occasion his lying* private ; but only
he tells you, he laboured under a distemper
that he would not have discovered ; and yet
take him in that very distemper, and in tha
process of his cure, as soon as this fact is over,
the next morning he values neither his disease
nor his physic, hut goes bv water, and made an
attempt to fly abroad, nill any understand-
ing man believe that he came privately into
England, that he lay skulkin^^ here, that he
made use of another name, and other clothes,
that he should do all these thinga, and rnn
away so immediately after the fact was done,
and all only because of a little distemper of
spots on his breast ?
But then» says he, it was reported in the
world, and told him the next morning, that the
Sople, the rabble, would tear him in pieces.
e was asked where he had this report, and he
brought up a taylor, and depended mightily
upon it, but the taylor denied it ; and, gentle-
men, he that &ils in one thing he says, is not
to be credited in another without g^ood proof,
lie fs&ys, that he said no such thing, so that,
eentlemen, this fictitious aigument of his fear
Sills to the ground.
Then ol»erve what fiiDows upon this vil-
lainous fiict ; he flies away privateiv, he goes to
a Swedish house at Rotnerhith, from thence
by a Swede he must be put into a sculler, and
that sculler must be towing of him. for several
days together, till he come to Graveeend, from
whence he was to have gone over sea. Pray
lay all this together, and weigh it well, and see
if you can imacine any other reason for it ally
than what we tOled^.
I would observe it to you, Gentlemen, and
pray think of it, what the count has said to
you in his own defence in so many languages,
without proof, must pass for nothing. The
court has had a great deal of patience to bear
him, and shewn him a great deal of fiivour in
permitting it ; but without proof, I say, it all
passeth for nothing. And wnat proof he hath
made of it, I must submit to you ; for I will
not spend your time in running into particu-
lars : And where be has proved any thing,
pray compare facts with fiicts, especially that
concerning the captain Vratz, which is not, in
my opinion, to be answered; that be lived
with nim, that be should be with him on the
Sunday miming, that in the evening he should
come thither a^n after the fact done« that be
should be left m his chamber, and continue in
the house so long. Will any one believe, that
when Vratz eame over with the count from
abroad, ktdged widi him here, viras every day
with hihi in ^miliar conversation, should come
that morning before, and in the evening im<)
mediately aner, and stay with him so long,
and yet ma oount be innooeDt ? N»y» will ail
uiy man rttber absolutely conclude him an ac-
teesaryiQ themuxder?
Th^ gentlemeti, take into consideratioD his
ffighl, and endeaToms to escape out of the
hands of justice ; if there were no more, that
is a great ev^idence of his guilt, hot you have
much more, and as strong as you can desire or
expect. He says he was afraid of the people ;
al^ ! he needed not to fear that, he finds a
Tery f»xr and generoos treatment here; he
knew the temper of our English nation well
CDoagfa, to know they do not presently fly in
BMo's faces ; and he could not but know, he
m^lit, without danger, resign himself up to
Ike law if he were innocent.
Gentlemen, we have given you a fair and
MlerideDoe; we have offered you sufficient
proof in iiiet, and have offered no shams to
yon ; and I do not doubt but you will do right
to the honour of England, and the justice of
the natimi, which are deeply concerned in this
U J STATE TRULS, 34 CttABtBS II. 1 (J8t.— jwrf othenjcr Murder. [7$
with a murderooti mtent, and a murder followed.
And I must declare this for law to you, that
this is murder in them all, if you believe them-
selves ; so that I think there is little, very littio
for you to consider conceroiuff these three
men, but according to what they have acknow-
ledjfed of themselyes both before the council^
and here likewise in your own presence, thej
seem all to be guilty of this murder.
The more doubtful question is concerning'
count Coningsmark, that stands here befbra
you, for he was not at the murder, nor is h%
charged as principal ; and the question will ba
as to him, Whether he commanded, or gave
any authorityor directed to have this murder
committed ? That is the thing that is now
charged upon him, and without that, he cannot
be accessory in tins case.
Now, gentlemen, you must connder as to %
that, several things are certain and positive ;
That this Pobmder was once his servant ; that
he was brought over from beyond sea by his
order; That he was given by him to captain
Vratz ; That Vratz was his gi-eat acquaintance^
and lay in his lodgii^ some time, though not
at this very time. These things are plain :
Now what answer is given to thu ? You hear
he says, the Polander was taken for him, and
hired as a servant beyond seas, knowing that
he had skill in horses ; and the count having
remitted money to buy horses, he was willing
to have him manage the horses, and to bava
his judgment in them, and sent for hhn threa
months before for that purpose, and that ka
came for that purpose ; bat knowing that the
occasion for which he was to buyhishorsea
was past over, there being like to be no war,
and therefore there would be occasion for
horees, he was willing to part with the Po-
lander, as he says, is usual for persons of qua-
hty in his countiy to do upon such occasions, to
five their servants to one another ; and 8a»
avioj^ cloathed him fint, he gave him to
captoin Vratz : And yon hear how mvt€k aC
this is made good by witnesses, and how far
this IS satis&ctory to you as an eicine and
reason for this, I leave to you.
There is mdte too that is very plain : H m
apparent that the count bid him come to bia
lodging afW this murder was committed.
According to the calculation of the time, it
must he after the murder, for that was about
eight o'clock, and he was there about nine.
You hear what answer the count gives to that ;
that he came as formerly he had done, ha
knowing nothmg of this, nor of Mr. Thynn'a
murder, and that he did not sp^ to him con-
cerning it.
The next thmg, gentlemen, is, it is plain
the count did lie private when he came to
Sngland ; uid he tells you (he brings tfaa
octor to witness it) his occasion of priyacy
was, because he had a sickness, which he waa
loth should be known, having been foi:merlj
in splendor in Ep^land ; but now without has
eqmpage, he would not publidy appear ; and
he was afiraid* |f he appeared in oompanyi ha
^Then there was a great noise made.]
X. C J. Look you, gentlemen, the counsel
Ibr the king* have been very large in the re-
peating of the evidence, therefore you must
not ezp|ect from me, that I should go over it
again in the same method that uiey have
done. I will duect you a tittle as to some
points in law, as to this case : Here is, as they
tefi you truly, a murder as horrid and barba-
reus as peradventure can be committed upon
any solyect. It is a murder of a very bad na-
ture, so that the rejieating of it is enough to
make all men abhor it ; it needs no ajsfgprava-
tioD, it la in its own nature so veiy barbarous ;
and those {gentlemen that had a hand in it,
must certaroly needs be ashamed, and look
apon themselves as not fit to be accounted men,
whoever they be. that had any hand in it, so
barbarous and inhuman, and base in its own na-
tore, and so unwoithy of a man.
I must tdl you, gentlemen, when one man
shoots another, and two are with him, tiiough
they do nothing bat come on purpose to coun-
tenance that evil fact, that is murder in them
all ; aU that were present are guilty whenever
•ocb an act is done : And three or four coma
together, and one does the fact, and the others
stand by to countenance it, whether they be
there to bring the party off, or to animate him,
and put faim into a condition that he may mur-
der and kin, it is murder in all, and they are all
asegnally euilty as he Uiat' shot, or actually
jsrethe bfow.
Now as to these three persons here, the Po-
hader that shot, Vratz who was with him and
stopped the coach, and Stem that was by with
wm, they do all acknowledge themselves to
be thane at thb n^urder ; theleast they say for
themsdves, is, that they came to countenance a
lichting- with Mr. Thynn, that is the least any
of diem say; for captain Vratz makes tibis his
«K08e, that he intended to kill him (as he calls
^ fiurH-, andthe others were to stand by to let
kflimHatheh«8tof it; so. that they aU came
79]
"f RIALS, 54 CHAttLfis n. iCSZ.'^IVial 0/ C&funt CatUngstiUtrk [80
should be intioied to drink high, and that would
veterd his cnre. And the Doctor tells you, he
i^as ander his hands for core of his disease,
'ivhich WB» somespots upon his body.
Itis^aintoo ttiat count Coningsmark did
gO' away the nett mornings after he had heard
«fthe murder, he acknowledjfeth it himself ;
toi* that he did conceal himsdf upon the water,
and was taken in such a manner as the wit>
tIMnes speak. But withal, he tells you the
^ecasion of this was, a stranger here, captain
Vrttattm he beard, was accus^ for the murder,
widsozed, and he did not know what this migfht
•ceasion to him ; how the common peonle
taig^ Ml upon a stranger that was of that
man's acqaaintance ; and it was through his
Hear of the people Hest they should Ml upon
him before heooulo vindicate himself) that he
* Withdrew himself, and concealed himself in
this manDer. As it was told you fo^ the counsel
H; was an unreasonable fear in him, for there
ii no such disorderly proceeding (we thank
Sod) in^Bngland ; but he tells you he was
alhud of it ;' and if he were, being a stranger,
lie might not know our constitution so well.
But f most tell ymi another thing for law,
ffentlemen, which was urged by the counsel
mt the Idng. Captain Vratz doth say, that he,
knowing of an aflront that had been given to
the count, and having received an affront him-
telf, he did, without the count's knowledge,
4o this murder, for revenge, upon Mr. Thy nn.
It has been said by the counsel, it will be alt
^ne whetiier it were with the knowledge of
•aunt C^oningsmark, or not. Now, I mu«3t
tall yon, gentlemen, the law is not so : for if
4 gentleman has an atfront given him which he
4tes aeem to resent, if any of his servants ofH-
cioasly, without acquainting him with it, out
ef ttM-muoh zeal, and too forward a respect to
Aeir master's honour, will go and pistol and
kHI kiffl ttiatthey ap|>rehend has affronted their
Mailer, he notlaiowing of it, it will not charge
Aeiv master with any guik at all. The law,
fMitlemeii, is noTso aswusumd ; for ifit were
1lMio«C ther eount's know)e<%e and direction,
if a zealous captain has gone and over-shot
kidH#tt^ out of respect to fats master's honour,
fpHea- rMHyit wii;»a dishonour to himself, and
IH'IImI were acquainted with it, this cannot
Be mpmt him to make count Couingsmark
fc iky. But it liesupon me 10 direct you, for
sillarMap yon might swidlowit as a maxim, to
toflll one m law, which it is not.
So^Bt it win return to this, whether here
Iferany proof that count Coninsfsmark did con-
iMI»tb>thi8-niurderv or any ways* countenance
the lulling of Mr. Thynn, or command any of
Hmm persons' to 'do it.
Ibea4iyoii| gentlemen, thef« are some sns-
fMooa speeeh^that are mentioned' here of
m coont's. One is, that the boy should say
Act tiK ooont asked him whethtr men might
Hie in Lond^m on Sundays? You hetfr what
AMwer is given to that Hie count denifth
>at he asked any such question : and to shew
vd |iivveihat«uch« question ooidd not hkdy
5
be asked, be toys and proves, by /RverM per-
sons, that it was an ordinary thing fM- binwdf
to ride on Sundays in Hyde- Park, belbre this
business long.
It is also said, that when he was tadceo, he
should say, that he did believe they intended
the duke of Monmouth no hurt. Now that he
said'these words he doth not here deny ; but
he says he spoke it upon the common report,
that these men had watched the coach till they
saw his grace out of it, and then they do thn
villainy ; so that he apprehended the^^ had no
design to hurt the duke at all. This is tl!ie
answer he gives ; how satisfkctory it is I
leave it to you.
Then as to those other words ; that it would
reflect upon his family, and stain his b!ood ^
but he presently recollected himself, and said,
one brave action in the wars, or lodging upon a
counterscarp, would wash it ofp. Y^u heat
what he says to that : he looked upon it as an
injury to his family, and it woul'i ht* some
stain to his blood, Uiat be should be accused
of so base and unworthy an act ; but that ac-
cusation he thought misfht be washed' off ; and
so, though he were mnocent, it might be
looked upon as a stain, wbidi a hi-ave beha^
viour in the wars would wipe off".
Gentlemen, thus, as near as I ean, I' bare
given you an account of the most materiid
mings that are objected against him, and hik •
answers to them. I must leave it to you,
whether upon the evidence which you have
heard, you do believe that this murder was di«
rected or countenanced by count Coningtfmarte^
Ifit were, he then is Guilty as accessory be-
fore, end you must find it ; but if you believe
he did not know it till afler the murder was
done^ then he is innocent; and -you must atN}uit
him. And upon tlie whole, gentlfuien, I
must leave it to you.
[Then, it being late, after an officer was
sworn to k^ the jury, the Court acyoumed
for a while ; and in an half an hour returned ;
and sent for the jury, who came in and answer-
ing to their names, gave thib verdict.]
CL of Cr. CSentlemen, are you afi agreed of
your verdict ?— Ototnet. Vcs.
CL of Cr. Who shall say for you ?
Ofnnes, Foreman.
CL qfCr, George Borosky, alias Bontzf,
hold up thy hand. (Which he did.) Look
u^on the prisoner: how say you? 1% he Guilty
of the felony and morder whereof he standa
indicted, or Not Guilty ?
Foreman, Guilty.
C/. of Cr. What goods and chattels, lands
and tenements ?
Foreman. Noneto onrknowledgeu
CL ofCr. Christopher Vratz, hold un thy
hand— Is he Guilty, ^c-^Bntman. Guilty.
CL (fCr. What goods, &c.
Foreman. None to our knowledge.
CL ofCr. John Stem, hold up' thy band<-*
Is he Guilty or, Scc.^ Foreman, Gttnty.
CL of Gr» What goods, Sec.
tl] STAT£ trials, 34 CHARLfes II. \6S2.'^nd others Jor Murder. * [Sr
Arenran. None to our knowledge.
CLofCr. CbarieB John Coningsmark, hold
1^ thy hand, (Miich he did.) How say you,
it be Guilty of the felony whereof be stands
adicted m acoeasaryr before, or wit Guilty ?
fbreman. NotGuihy.
CoimtCoii. God bless the Idog and the ho-
imnblebenc^.
CL <f Cr. Then hearicen to your Terdiet as
die Caurt-hath recorded it, you say that George
BoHMky, 6cc. and so yon say all.
Tben the jury was dismissed, and the Court
oidered a recognizance to be taken from Uie
count, with three sureties, to appear the next
aesnons, and to answer any appeal if brought ;
arfter which the judges went away, anu the
Rconler, with the lord mayor and aldermen,
Hayed to pronounce sentence on the convicted
maJe&ctors.
Cl.qfCr. Keeper, set George Borosky .to
tiie bu-, hold np thy hand, (which he did.)
Thoa standest oouncSed of murder, for killing
niOBiaa Ttiynn, esq. what canst thou say for
thyself why the Court should not give judg-
■CBt upon diee to die according to law ?
InlerprHer. He says, he prays God to have
■wtcy upon him.
C/. <^ Cr. Tie him up. Set Christopher
Tnistothebar.
Imterpreter, He says he hears lie is con-
demned, bat he was nerer rightly examined,
nor fiiirly tried.*
C/. afCr. Set John Stem to the bar.
Intervreter, He says he did it for the cap-
tain's sake, he went as a second along with him.
Then the prisoners being tied all up by the
csDBCiitioiier, prodaroation was made for silence,
dunng the pronouncing of the sentence.
Mr. JRitcorder. You the prisoners at the bar,
Geoige Boiosky, Cbristopoer Vratz, and John
SleiB, yoa have been all mdicteii for the
■nnderof a gentleman of great quality, Mr.
Hi^ii ; a great, and heinous, and a crying
erime, that crits aloud for vengeance : you
hare been hroo^bt to your trial, and trieil in-
^fferently by a lury not consisting only of the
countrymen of the party slain, but compounded
of Ibrogners and freeholders of the county
too. These impartial men have found you
Gotl^, and indeed the plainness of your guilt
b such, that you yourselves have acknow-
le(%ed yourselves Guilty. For when you were
tfiprehended, your ffuilt did so stare in your
BO», and yon could give so little an account
bow you faiad bestow^ that time wherein he
was mardered, that you were forced to confess
your interest in the nict.
It is omr duty to pronounce the sentence of
* ^ This was because when the evidence for
Aeldng was finished, he was never asked what
he had to say for himself, which ought to have
haeo done, as is usual in all cases, but is not un-
fikdr the Court were apprehensive he mi^ht
Hy tap giiih on tb^ Gowit" Fonn^ Edition.
you «.
the law against you upon this conviction ; but
it is also our usage to open the nature of tho
crime for which the convicted person is to suf-
fer death, for the conviction of the offenders
themselves. Now your crime is one of the ,
deepest die ; it is the wilful shedding of inno- •
cent blood, to which you could be Fi^d by no-
thing but what you are charged with in the
indictment, the motion and seduction of the-
devil. This crime of murder is put into the
highest and foremost rank. When God him-
seU* had given laws to the world under the old
administration, after tlie coipmand of honour-
ing father and mother, in the next place he
forbids murtler. This crime you- have com-
mitted, and that with the most aggravating
circumstances tliat I have ever kno^i'n attend
any crime of this nature. It was committed
upon a gentleman of great quality, that was so
far from giving you any provocation to it, that
you acknowledge yourselves you nc^er had
any communication with him. It was done
upon a day when yon ought to have exercised
and busied yourselves in acts of piety and reli- •
gious worsdiip. It was done in the streets
of the cit}-, near the king's royal palace. But
the g^reatest cu'cunistance of all, is the doing
of it in such a manner, that is, it was done by
way-laying ; a sort of killing the most unwor-
thy, the most base, and the most ungenerous
of all other. For that it gives the party as-
saulted no liberty for any prevention, or any
defence by any prudence he can use ; and the
consequence of it is, as nmch as lies in the
malefactor, to destroy as well the soul as the
body ; by sutji an insidious murder,, to take a
man out of tliis life, before he can have any op- «
portunity to prepare for anotlier life. There-
fore in our public solemn prayei*s in our church
it has very justly and worthily been made part
of our liturgy', to pray to be delivered from
murder and sudden death.
You that are strangers in this country, if
you had been tried and convicted of a breach
of our municipal laws, the pecifliar laws of this
kingdom, much indulgence mi^ht be shewn ts
you because of your little acquaintance with 'the
Jaw. But that is not your case: Your offence
is a transgression against the law of God, writ-
ten in large characters in the nature of man.
It is against the laws of all nations, even yonr
own country from whence you come, and any
other countiy wherever you could ^, are
severe in then* laws against that by which you
have broken the law in so foul a fact. The
very barbarians could say, This man is a mur-
therer, and divine vengeance will not suffer
hun to live ; so that they all think the divine
vengi^nce concerned to revenge it.
You hare slain this innocent gentleman,
which is but a smgle distemper as it conceitia
him, but if it should go impunished, it would
turn to a pestilentialeontagion . If such assas-
sinations and murders of persons should not be
severely punished, it were a greater woe than
ever was brought UM&this kingrdom. There-
fore it is thought & by his saajesty, to makt
G
fej] 8TATC TllIALS, 54 Charles II. \6^2.^Trial of Count Qfiting$mark [8i
Itis justice signal and exemplary upon those
that have thus basely and inhumanly brou^e^ht
themselves under the censure of it. That when
the fame of this barbarous action shall go
abroad, his justice shall also be celebrated upon
the actors, and that this kingdom is maintained
by justice.
' I have but one thing more to say to you,
and that is in tenderness to you yourselves.
You are to consider that you are to receive
another judgment than that you will be con-
demned by uere, and that you may be pre-
pared for that is your great and your only
care. Now it is repentance that is the only
antidote against the sting of death. Yon can-
not be fbuiid innocent, yourselves acknowledge
your guilt ; then let it be yotir care to be found
penitent. For that purpose you shall have the
assistance of some of our learned divines here,
and you will do well to hearken to their good
counsels. I pray God you may submit to jus-
tice patiently, and that your contrition may be
correspondent to your crime, and so you may
obtain pardon and everlasting favour from God.
It remains only that we pass the sentence of
the law against you, which is thb:
" That you snail go firom hence to the place
from whence you came, from thence to the
place of execution, where you 6haU be several-
ly hanged by the neck until you be dead : And
the Lord have mercy upon your souls."
Then the prisdners were carried away, and
the court adjourned.
On the 10th of March following they were
all three executed, according to the Sentence,
in Palhnall, in the same place vthfire tbey had
committed the murder. Stem and Bcirasky
left each of them a paper signed with their own
hands. Capt. Vratz would make no Confession,
but persisted in denying what the others had
owned ; never man died with more resolntion,
and less siens (^fear or disorder ; his carnage
in the cart Doth as h^e was led along, and at
the place of execution, was aatonisnHig; hm
was not only undaunted, -but looked cheerfnl,
and smiled often : When the rope was put
about bis neek he did not change colour, nor
tremble, bis legs were firm under him ; he
looked often af^ut on those who stood in bal-
conies, or at the windows, and seemed to fix
his eyes on some particular persons ; three or
four times he smiled ; he would not cover lii^
face as the rest did, but continued in an un-
dauited manner, looking up to .heav6n with a
cheerfulness in his countenance, and a Utde
motion of his hands. Being ^ked, if he hod
any thing to say to the people, he said no.
When they had stood aboal:^ a quarter of an
hour under the gibbet, after, they had heed tied
up, they were f^ed, when they would giv*
the signal for being turned off ; they answered
they wei:e ready ; so a little, while after 1h«
cart was driven away ; and thus they ended
their lives. Captain Vratz was permitted to
he buried, but Stera and Boroaky w«re hanged
in chains.
The Last Confession, Prayers, and Meditations of Lieutenant Johk
Stern, delivered by him on the Cart immediately before his
Execution, to Dr, Burnet. Together with the Last Confession
of Geouge Boroskt, signed by him in the Prison, and sealed
up in the Lieutenant's Packet. With which ah Account is
given of their Deportment both in the Prison and at the place
of their Execution, which was in Pali-Mall, on the 10th of
March, in the same place in which they had murdered Thomas
Thynn, esq. the 1 2th of February before, 1682. Written by
Gilbert Burnet, D. D. and Anthony Horneck, D. D.
An AccouKT of the Deportment of Captain
Vratz, Lieutenant Stern, and Geoegb
BoRosKT, the Murderers of Tho, Thynn^
esq. both in the Prison^ and at their jEse-
culion,
FOUR days after the barbarous murder of
Mr. Thynn, which filled all people's minds
with a jnst horror at so rile and inhuman a
fact, I was desired to go and yisit the prisoners.
I carried Dr. Horneck with me, because I
heard that Borosky the Polonian spake no
other lan^age but Polish and High Dutch.
We waited on the captain, but he was unwilling
to enter into much discourse with us ; and ad-
cooncil, that he only intended to fight irith
Mr. Thynn, and that the Polonian had mistook
his orders when he shot him. The lieutenant
said at first nothing, but that he was in tht
companjr of those that committed the fikct»
without intention to murder any ; and if for
that he should be condemned to die, then said
he, « Fiat voluntas tua,' Thy will be done.
The Pokmian was free and ingenuous in bii
confesaon, and expressed great sorrow for
what he had done. But within a few days I
went again and found the lieuteiiant wonder-
fully touched. He teld me that the morning
after he was first taken, he awakened fall oi
horror for what he had done, and the first
hered o what be had confesMd befi>re the [ thing that came in hit mind was the 0th rerse
kS) STATE TRIALS* 9i Charlbs II. le^i^j^-^gmd aUur$Jar Murier, [S$
tiP9, xzzii. *' Be ye Dot as the horse and tiie J of bis hearts To this ha added a short accouu^
mule which have no anderstandhig', whoae of his life, and a confession of the crime i'ot
mouth must be held in witli bit and bridle." vrbich he i?as to suffer. •
lliis he applied to the irons in which he was» He oflen wished that from bim, all that stood
md then D^an to reflect what a beast he had might take heed lest they fell, for once Ii#
been, and tluit it was fit he should be shut up thought himself as little capable of committiug'
in a prison, and fettered as he then was ; upon | such a crime, which should bring him to such
that ne looked back with horror on what he , an end, as any man was. He was the son by
bad done, and began to cry earnestly to God the lefl hand of a baron of Sweden, who was
for mercy. made a count before he died ; but he did not
He continaed some days in doubt whether carry his name, because he was not legitimate ^
be oug^t to confess or not, and was in that and he would not have his father's name to he
^"jdety when I saw him first, which made him ' published, because he was now such a reproach
I to it : He applied himself to the war, but in alj
these 23 years in which he had been tiavelling
up and down the world, he had led a much
lay nothing at that time ; but he said after-
wards he round such inward compunction in
bts mind, that he wished to die j he grew
weary of life, and hated himself so much that
he was glad to do every thing that was lawful,
which might be a means to bring: him to be a
public example, and to suffer in this world for
bis sin. Upon that he made his confession
to the justices of peaqe, and found hunself
mnch at ease when that was done. He turned
himself ailer that wholly to God, and found
that then he was entirely out of die snares uf
Satan, and the hold which, the Devil had of
him. AH the rest of the time of his imprison-
ment, except a few hours of sleep, towards the
mornings, ne spent in reading the Bible, and
some odier good books, particularly Dilheren's
Way to Happiness, in High Dutch, which he
valn«l highly, and Tliomas a Kempis's book
of tbe Imitation of Christ, and some other
books of devotion. He thought it was also fit
for him to leave in writing a warning behind
him to others to learn by his example. He
was not bred to letters, ana so he said he knew
what he should write, would appear simple to
those diaft delighted in learning, or polite Ian-
eoage j but he said he would write from his
heart, and prayed Goi it might have a good
tSeet on others^ He had travelled np and
dawn Europe 23 years, being then in the 42nd
year of bis aspe, and he hwi observed many
tfaiogs though be had no literature ; so he said
he woiild leave an exhortation to all sorts of
people with whom he had conversed, and tonch
those sins which he himself had known many
of diem ffuilty of; and he said that if his writ-
ing shoi& become public in Germany, or in
other places where he had been, iie was con-
fideat that many might read it, who would
know for what reason be had writ maigr pas-
sages in it, and might perhaps be moved to re-
flect on those sins of which they knew them-
setves guilty, and would understand his mean-
ing better dban any others could. When he
hu writ it, he gave it to me four days befofe
his exeentioD : he had dashed and cnanged it
ia many passagto, which he said he ipi-rit at
more innocent life than might be guessed from
such a conclusion of it. He had early a scusff
of the fear of God before he came abroad intp
the world, which never \eii him quite till a few
days before this &ct ; but was always such i|
curb on him, that he never fell into tliose sins
that are too common among those that follow
the war. He was so litde guilty of plunder or
oppression in his quarters, that ne said he was
sure less than 20 crowns wpuld pay all that-
had been ever taken by him. He was nevcu
guilty of any act either of cruelty or treachery,
of rapes or blasphemies, was never false at
play, had not the custom of swearing, nor did
ne fail daily to pray to God. He had always
a compassionate nature : He was not a little
lifted up widi the courage that he had shewed
on many occasions, and had been very sensible
perfecdy satisfied in his own mind with that
religion, and detested the idolatry that he saw
in it. But he was much corrupted with that
principle which is too common in the wprld,
that it a man was honest, and good, he might
be saved in any religion : and that it was tit to
be of the religion of die country where on«
lived : Yet he said he could never look on po<«
pery but as a contrivance of priests for govern-
mg the world. About a year ago he cnanged
his religion and retarned to be or the Ausbai^
Ck>nfession. Last summer he came to Eng-
land, beioff then out of employment, and in*
tended to nave got into the Guards ; he grew
acquunted with (or found) captain Vrats here,
for I do not asmember well whether he knew
hint first here or not.
For the particulars of his confession I refer
the reader to his own paper, only one passage
which he has not mentioned will shew cleaiTy
the temper of his mind, when he writ it : He
told me that aflcr the captain and he bad talked
of smidry poignards for giving Mr. I'li^nu th^
fint, woen there was yet too much of the spirit fatal stroke, the captain spake to him one day
of the world in him, but he had reviewed it, of a musqnetoon, and told him fiiey were now
and had corrected it in the best manner he I resolved to do it by that : he answered, that he
coakL He said be had never writ so much in thought that was by no means a proper mstiu-
bk whole life, and so he did not doubt, but mentforit, since it would be seen in a man'^ *
there would appesn: great weakness in some hand before it could be discliar^d, and so they
futtditfbvA hehttawrititiattieiiBaplicity , might be catchcd, before ih« buaiiuess should
I
87] STATE TRIALS, 34 Charles II. 1 6%^^Trial of Comi Con{ug$mark [Ǥ
be done, therefore he thought a pistol was
much better : but the captain answered, Tliat
the couQt*s council were of another mind ; and
"when tlic lieutenant nskcd who they were, he
named three outlandish men. But three or
four days after tiiat he told me, That though
that passasfo'was Tei-y true, yet he did not know
but the captain mig^ht only name those persons
to amuse him, and he di'd not believe it was
tru<5 of one of the three ; and if it was not
trneof liim, then there was reason to doubt if
what he said of the other two was true : snd
therefore since it mt^ht have been said only to
decdve him, and since his namiriff them would
cast a slur upon them, he thought he ougfht to
be so tender of their rskjmtation as not to pub-
lish their names. This will shew both the
strictness of his conscience, and the soundness
of bis judgment: and that he would not say a
thinfr though it was true, in so, far as he said
it, unless he had believed it was true in itself.
He told me that for some weeks before the
fact was done, he fell under a darkness and
stupor in his mind, which he could compare
to nothing but the sense a man has when he is
half asleep : He flintinned to say his prayers,
but it was only as a child repeats a lesson by
rote, for he had no sense of God all that while ;
and he lamented much that he had not read
any^hiTg in that book of Dilherens, written
much like our Practice of Pietj% which he*had
ijarried about with him two or three years.
He »wa8 so little aWe to judge of things
aright, that he thought hewould be free of the
crime, if he did it not with his own hand ; and
because he abliorred the acting it himself, he
fancied he would not be guilty, if he only went
in the company of ih^ tfiat were to do it
When the fatal day came in which it was
done, he said, though he was not drunk, yet
he was like one drnnk, for he was almost
fltupid : it was on a Lord^sday, which he had
much and ofleii prophaned, ^pd on that day in
narticalar, he had not worshipped God neither
in public or private. The captain desired him
to go with him and fight with Mr. Tliynn. (I
think it was near six o'clock at night,' but am
not sure as to the hour). He confessed he be-
lieved it was designed to act what followed,
for he saw the rousquetoon in the hand of the
Pohmder, and he remembered well the use for
which it was bousrht, but he still resolved that
he would do nothmg, but fight, if there should
be occasion for it. He bad delighted much in
horses, and bad a great opinion, that there was
some sagaoity in tiiem ; so the dulness of bis
horse in following Mr. Thynn's chariot all
along Pall-mall, made some impressians on
bim: ibr thoui^'h he used the spur pretty
mnartly, yet hecoutd not get him to follow close.
That and a disorder inliis own mind made
that he was almost twenty paces behinil when
the fire was given, nhicn had that deplorabh^
, eflect on that unfortunate gentleman ■ Tie told
me even that did n<»» av akcn him, but his sh'p' r
continued so, that some little time past \t^ii*re
be offered to fiy avray; and tJicn his hone
without the spur, was quidc oioagh. H«
was not after that affect^ i^ith it, hot spcBt
that ni^^ht almost as ill as he had \lone the day ;
nor was he recovered of that stupidity till m
second day of his imprisonment.
He said he would have writ nothing con-
cerning the fact, if his whole confession had
been road at his trial ; but that not being done,
he thought it tit for him to leave it behind him
to the world, that the whole truth of that mat-
ter nnght appear : but he professed of\en, ^at
he did it not out of any resentment to any per-
son whatsoever ; and though he looked on the
captain as the fa^ instrament that had drawn
him into this sin, and this misery that follow-
ed it, yet he ceased not every day to pray for
him : when sentence was pnmounced, the cap-
tain reproached him, and called him with some
acorn a niurderer : Il6 said, that touchefl him
very sensibly to see bim that was the caose of
his ruin insult over bim ; Yet he oflen asked
news of him, whetl)er he was touched with a
sense of his sin or not ? anil when be under-
stood that he continued still to deny aU, but
only an intention to fight witU Mr. Thynn, he
desired ^hat he might l>e suffered to go to bim
and spcsk with bim ; for he said, though others
might speak much better, yet he hoped be
might say somewhat that would be more ef-
fectual : So on Wednesday the 8th of March,
he was carried to him ; I warned him before
hand, that the captain would perhaps use bim
rougfhiy, for he was often uporaiding bim for
his ingratitude, and for having accused him
falsely : But he answered me, that he went to
see if he could be a means to do him any good,
and not to dispute a matter of fact with him,
which he knew in hb conscience was true :
and if he saw there was no appearance of
doing any good to bim, lie would soon leave
bim. In his way to him he was to go up some
stairs and pass through the chapel, and then to
go down ; so he told me he was going up to
the house of God, but be should go higher
within two days, to a house not made with
hands. Dr. Homeck was then with the cap-
tain, and prepared him for his coining. There
was no other witness of what passed between
them in that short interview but be only. He
told me afterwards, that the lieutenant spake
to the caotain with g^reat hnmility, be toM him,
he heartily forgave him all the injury he bad
done him, by drawing him into this business,
be knew he had said nothing but the truth, he
exhorted him to repent, that so he might find
mercy at God's hands. But the captain fell in
some passion, and said, he lied, and gave him
other reproachful words ; upon which he left
him. When he came back to his chamber,
he told him how sorry be was to see ^ oap-
tain in such a condition ; but he said, though
at another time he could not have endured sodi
reproaches from the greatest man in the world,
yet he felt no resentment in his mind at what
he had said to himself, and added, thai by bear-
ing this in such a manner, be hoped he bad
got two ateps higher in his way to Heaven.
19] StATS TBIMLS, S4 CHAttW II. l682.— Airf o«ier«>/M^ Mmtden [90
Wben I repKed tfntit w«8 a good rign, that be
bdlewnedtobelike his Saviour, who when
ke was reviled, reiiled not affain : he said,
Ah ! Sneh a miserable criminaras I am, must
sot be m anythiiig compared to mr blessed
Redeemer. He desired that the Poloman mi^t
Wsuffered to stay aOthe day long in bis cham-
kr, for he foond he had a mind well disposed,
but was tgnoraiit. 80 he took great pains to
ostruct him : They were together the last
lisfbt of their liie, in which as the one slept the
•ther watched and prayed ; for the heotenant
laid to me he tbonght it was not fit that both
fbmild be together asleep that niglit; but that
aUnight long either the one or the other of them
flhould be eonslaatiy calling npon Qod. He
expressed not the least desire of living any
ioDger : He never once aske:! me if I thouglit
a pardon might be obtained : On the contrary
he said, he deserved to die, and desired ' it as
lantkk as he had deserved it. He only wished
that if it could be obtained, his. head might be
cot off; but he easily acquiesced, when 1 told
him that was not to be expected. He often
blessed God for brincriii^ him to a prison, and
thai he bad not made his escape to have led a
wicked life any longer. After he had been
under great horror for almost a week, he found
great quiet come instead of it, chiefly after he
had disburthened his conscience by a sincere
eoofession ; at last it grew upon him to a joy
in God, and at the approaches of death, •
The nijrht before he suffered, be told me he
was languishing through desire to die ; he was
now so settled in his assurance of God's good-
tteastohim, that he was longing to be with
him ; he considered that night ns the eve of
his wedding, and theivfore it would seem tedi-
eustohim. A little while after, he said, to-
morrow is the H»t battle 1 shall fight, my ene-
my sliall gain the camp, the tent, I dwell in,
hk I shall by the gra«e of God win the day.
And when he spdce of that at another time,
he looked up to God, and said, I go to fight
with thy weapons, and thy armour, and when
i have overcome I will come and offer them
4ip to thee.' He had that day received the sa-
crament with great devotion, and said, Now I
have got my pass-port, and I long to be gone.
He was mnch rejoiced to hear that night that
the captain was m a befter temper than he had
been m formerly ; fbr the minister of the
Amborg confession in London, told him in my
hearing that the captain had confessed that he
had drawn them into this snare, and had en-
gaged them in this murder. The captain also
seat a kind message to him, and gave orders
fe every thing that concerned his bmial ;
mm which he sent aretum to him foil of great
anfiMtion. Hiis made him change a resolution
he once had, of speaking somewhat concern-
mg the morder at nis execution. He said there
wasnodiiBg' naaterial m his last oonfiession that
WIS not in his first, taken hy the justices oi
feaee, so there wn? no need of making any
other pabhc declaratio& $ and he thought if he
tain, it would perhaps put bun in some diitorder^
and he would not* venture the being discom-
posed in the last moment of his hie ; therefbra
he resolved to seal up all, and give it to me at
Uie place of execution. He had shewed it
four days before to one Blr. £Mart, a German,,
of Covent garden, and had ordered me to let
him copy it. He had likewise shewed it to Dr.
Honieck, and it was almost all copied out be-
fore he died.
In this temper I left him atnight, bnt found
him much better on the morning of his execu-
tion. He had slept three hpurs, and was then
weO in his heart and health, for the night be-
fore he was very faint. He told rrte now he was
full of joy, he was going to exchange a prison
fbr a palace ; A prison iliat h<u$ beeu to me bet-
ter than any palace, fo^ heie God has touched
me, he hfc» drawn me, he lifis quickened me ;
and now, O God, I come to thee, to live with
thee for ever. He bn>ke oficu out in great
transports of joy, he said this that follows sa
often both in Fr»*o«.!h and Dutch, that I couid
notbut remember it well : O my God, my good
, God, my infinitely good Grod, how do I love
thee! 1 bless thee, 1 will bless thee as long aa
1 hve, yea, Lord, 1 shall sing of thy praises for
ever : for thou hast blessed me wonderfully :
thou bast put many good inclinations in me:
thou hast oflen toucn^ my heart with the mo-
tions of ihy holy spirit ; but above all thy bless-
ings, for this I will bless thee, that when I had
forsaken thee, and was at the gates of hell, that
thou hast brought me from thence, and hast
now brought me even to the gates of heaven.
Open them, O Lord, and I will entei- m, and
praise thy name fbr ever I bless thee that
thou hast chastised me with thy rod, bat thy
rod is a rod of mercy ; and now thou hast
done so much for me, O give me a greater
sense of thy love, that I may pnaise thee with
my whole soul, and from the very bottom of
my heart.
This he repeated often in such a manner that
he seemed as one ravished for joy. He wept,
but he told me these were not tears of sorrow,
but flowed from the abundance^ of his joy.
He and the Polonian sung the 51st Pnlm m
High Dutch, three several times ; and I saw
him particularly touched, when he sung those
words, ^< Deliver me from blood guiltiness,' O
God, thou God of my ^Ivation.'* He spent
the rest of the time in prayers and ejaculations.
A geotleman came in and asked how he did ?
he answered him. He thanked God, we0, his
friend had sent to call him to come to dine
with him, and he was ready to go. And when
it vras told him he was now to fight his last
battle, he answered. The battle was already
fhught, there was but one shodc behind, and he
was sure he should overcome. His heart was
so full of the sense of the goodness of God,
that he could now complain of nothing, or de-
sire nothing but that he might be aUe to re^
jikice more pcrfeiefly in God and to praise him
more. Helon^ much fbr the officers that
ttidairythiB^ that BVgfat reflect on the cap- shonld carry hin away, and looked irifh great
$1 ] STATE TRIALS, U Cu aalbs II. i6t^^Trial ^ Ccmii CMpti^f m«riEr [93
cheerfulness at me when he saw them oonae to
lead him out. When his irons were taken off,
be told me, scune of his fetters were taken from
him, but be had others yet about him that
should be likewise taken on very speedily, but
I have chains upon my soul which shall draw
me up to heaven. He told me that he intended
to msike a short exhortation in the cart, chiefly to
bare warned the people not to cast off the sense
of God, and particularly that as they did their
own business all the week, that Ihey would do
God's work on the Lord's-day : and learn from
him what the ill effects of profaning that day
were. He ^as likewise to have exhorted them
not to think there was any wickedness so great,
but if they did cast off God, and were forsaken
of him they might fall into it. lie had been
once in a good way, but had left it, and they
aaw the ettects of tiiat ; y( t God hai mercifully
bi'ought him back to it, and tlicrcfore he in-
tended to pray them to fear God, and keep his
commaqdments, and it would be well with tnem.
This was the substance of that which he had
piurposed to say ; but when he came to the
{dace, the noise was so great there, that he ^d
te would speak nothing, but left it to me to
publish. what I knew he had intended to say ;
and so he continued in his devotions, reading
some prayers and hymns out of Dilheren's
Book; and in several passacfes as he read
them, I perceived great joy m his looks; he
told me his mind continued firm and settled in
his joy in God ; and so he went on a while
readme^, at last he threw his book to me, and
wished me to give it to some goodsoul. He
said a few words to the captain in High Dutch,
which I did hot quite understand, but by his
manner I jud&^ed it was a declaring that he for-
gave him, anddiedin charity with him, to which
the captain made a short answer that seemed to
me a return of his kindness. But the croud ^as
such that the Geiman minister could not pos-
sibly come to the place, so this was lost.
And this is all the account I can give of
lieutenant Stem ; it is the substance ofmany
and long conversatioiis I had wfth him ; French
was the language in which we discoursed, and
he expressed himself very well in it.^
I cannot give so long an accouut of Borosky
the Polander, for all my discourse wiUi him was
by an interpreter, and the lieutenant did fer most
part interpret between us. I tbund that the
course 01 his life had been very honest and
innocent; a^d that before he committed this
barbarous act, he had not been guilty of any
enormous crime in his whole me: and ^at
particularly the last year of it, he had a greater
sense of the £ear of , God than formerly, so that
lie had reformed his life to such a dagvee, that
he had not been guilty of one act either of
drunkemiess or undeanness, of swearing or
King, and that he had constantly piayed .to
God. He said, That when count Conings-
mark made that proposition to him, which he
told me much more largely than I find it is in
bis confesbioD, be was troubled at it^ apd went
iaito another D»m an4 ImeeM down and said
the Lord's Prayer; but concluded thatsinot
his mind was not fortified against it, that God
had appointed that he should do it. He said
in his country they were bred up in such as
opinion of their dnty to their masters, and of
their obligation to maintain their hoiioar, that
he believmg the relation the count made ni the
English gentleman (for Mr. Thynn was not
named to him) having intended to murder himi
and having set six assassinates on him, thought
himself in some sort absolved, if hesnould re-
venge such an attempt. He was also deluded
by what the captain told him, that if they
happened to be taken, he only and not the
Polander would suffer for it ; so that he |vas
easily wrought on to do it. He was not spoke
to by the count till one o^clook on Sunday, but
whether in the iboniing or a^moon I do not
know, and it was acted that same evening, so
that he was never alone, nor had he any oppor*
tunity of recollecting himself, but was hurried
into it blindly.
He told n^ one passage that beiel him afler
his imprisonment, which ne firmly believed was
real, and not theefiect of a disturbed fancy : He
said, being shut up in his cTiamber a day or
two after hid imprisonment, he tliought in the
night being fully awake, that one opened the
door, which he fancied was his keeper coming
to him ; but when he looked at it, it was a
woman who had appeared sometimes to him
befor^ in Germany, upon some extraordinary oc-
casions ; she looked on him, but spake notning
to him ; and vanished, He verily believed this
was sent firom God to him, to touch his heart ;
and whether it was real or only imagined, it
had certainly a very good effect on him : For
firom that time he was wonderfully changed. ^
He said he continued about four days as hi
hell, by the rack that he felt in his conscience^
but afler that he came to have great ouict and
assurance of God's mercy. He hau no fear
of death, but every time I asked him concern-
ing it, he said he was re^y for it, and longed
for it more than ever he did for any thing in bis
life: he assured me he had from bis heart
foigiven both the count and the oaptain, and
that he prayed earnestly for them.
The lieutenant often told me, That he had
an excellent soul, and that though he had not
much knowledge, yet be himself learned much
fi-om him ; for lie bad the simplicity of a littlo
child in him ; and a love to God, and to his
Saviour that passed ail knowledge : so that h/9
spent almost his whole time in praying and
praisuig God: he went out of the chamber
wheu he was called on by the officers to bis
execution, with great cheOTulness ; and by bit
looks and carnage in the cast expressed a great
sense of his condition : He seemod to have no
sort of fear in him, nor did be in the ieairt
change colour, or was heat all terrified.
In the last place, I must say sotuewbat sf
captain Yratz, which. I dp unwillingiy, ber
cause some passages ace not such as I can re-
flect ou with aay great satisfaction. It is ocT'*
tain that nevet man died withi more resolntte
m
93] STATE TRIAL6/94 Chablbs n. ieo.'^-md oiher$y/ar Muriir. [94
and leas i^^8 of fSear, or the least disorder.
Em earrisge in the cart both as he was led
akng, and at the phiee of execution was
asts&lHii^, he was not 6tk\y ondaonted, but
Isoked cfaeerfnl, and smiled often ; When the
rope was pot about his neck, he did not change
colsur nor tremble, his le«s were firm under
him : he lo^^ced often about on those that
slood m balconies and windows, and seemed to
fix his eyes on some persons; three or four
times he smiled ; he would not corer his fiice
as the rest did, hot continued in that state, often
Iwddn^r up to Heaven, with a cheerfulness in
hit couDtenance; and a little motion of his
hands. I saw him sereral times in the prison ;
be still stood to the coniteion he made to the
council till the last day of his life: He often
said to me be wouM never say any thing but
what he had said at first.
When 1 was with him on Sunday before his
deodl, he still denied all that the lieutenant and
d» Polonian had said, and spake sererely of
them, chiefly of the lieutenant, as if he nad
confessed those things which he then called
lies, tn hopes of saving his own Hie by it, or in
to him that he might not he pardoned:
and all I could say could not change his mind
in that. I told hmi it was in vain for him t6
dream of a pardon, for I assured him if any
kept him up with the hopes of it, they deceived
hira. He had two opinions that were as I
thought hurtful to him; the one was, That it
was enough if he confessed his sin to God, and
that he was not bound tb make any other con •
ftasioD ; and he thought it was a piece of po-
pery toprsss him to confess. He had another
oddopimoB also of the next state : he thought
the damned were only excluded from the pre-
sence of €fod, and c^ndured no other misery,
but that -of seeing odiers happier than them-
irives : and was unwillin|^ to let me enter into
much discoarse with him for undeceiving him :
He said it was his own aflfair, and he desured to
be left to himself; but he snake with great as^
of Ciod's mercy to hink.
I left him when I saw that nothing I could
?had any good effect on him, and resolved
talttve gone no more to hira ; but when J un-
denfeood by the German minister, and by the
meaBas:e which I heard defiv^ed in his name
to the lieutenant smd the Polander, the ni^ht
before his execution^ that he ^vas in anotner
temper than when I saw him last, I wetft to
him ; he recdved me more kindly than for-
merly : mnat of his discourse was concerning
hb going to' the place of execution, desiring
that it might be in a coach and not in a cart :
and when I prayed him to think of that which
eoaoemed him more, he spake with great as-
fonmce that it was already done, that lie knew
€od had forgiven him ; and when I wished
him to see that he mic;ht not deceive himself,
nd that his hope might not be 01-grounded,
be taid it was not hope but certainty, for he
tras^suro God was reconciled to him through
Clinst When I spake to hhn of confessino^
^ in, he said he had written it, and it ivould
» be published to all Europe, but he did n0t say
a word concerning it to me ; so I left him, and
saw htm no more till I met him at the place of
execution : When he saw me, be smiled on
me, ahd whereas I had sometimes warned hiiii
of the danger of affecting to be a coftnterfeit
bravo, (jiux brave) he said to me before I
spake to him, That I should see it was not a
false bmrery, but that h^ was fearless to tha
last. I wished him to confiidcr well upon what
he grounded his coniidenoe: he said, -he waA
sure he was now to be received into Heaven i
and that his sins were forgiven him. I asked
him if he had any thin^ to say tp the people,
he said no. Af^er he had winspeted a short
word to a centleman, he was wdling the ropi
should be tied to the gibbeti He called for the
German minister, hot the troud was such that
it was not possiMe for' hiift to come near. 80
he desired me to pray with him in French, but
1 told him I could not venture to pray in thai
language, but since he understood EfngUsh, I
would pray in English. I observed he b^d
some touches in bis mind, when I offered up
that petition, that ftyr the safee> of the blood of
Christ, the innocent blood shed in that plact
might be forgiven $ and that the cry ot th6»
one fbr mercy might prevail over the cry of
the other for justice : at these Words he lookedi
up to Heaven with the greatest sense that 1
had at any time observ^ in him. After I
prayed, he said nothing, but that he was now
going to be happy with God, so I left him.
He continued in his undaunted manner, look-
ing up oftai to Heaven, and sometimes round
about him tn the spectators: after they had
stood about a quarter of an hour under the gib-
bet, they were asked when they would give
the signal for their being turned off, they an-
swerer that they were ready, and that the cart
migfht be driven avray when it pleased tha
sheriff to order it ; so a tittle while after it
was driven away, and thiis they all ended
their lives. It is possible that conversing in
Fnench, as we did, some small mistakes mT^
have been made, either by them in expressmg
themselves, or by me in not understanding
them right : but 1 am sure they could not m
material; for I took care to mnle them repeat
what fhey said that was of any importance
often, and in different words ; so that any er-*
rors that may have been committed are incon-
sidl^rable. G. BuiInet,
March 11, 1682.
Dr. Hobneck's Account of tpbat himtelf oh^
served in the carriage of tke late Fri»
umeru
THE Lieutenant and Polonian, the authors of
the following papers, having acquainted ma
•with their intent to have them published to tha
! world, to testify the sincerity of their repent-
ance : I was vety vrilling, at the desire of Dr.
Burnet, with whom they intnufted them, to
be instrumental m the translation, and to taka
this opportunity to give my aentunent of
95] STATE TRIALS, 54 Charles 11. i6d2.— 7Ks/ oj Obtml C^rngmatk [90
readier to confess his §^1, than 1 to exhort
bim to a free confession ; several things he bad
said to Dr. Bum^ be ex|Hre»ed now to me^
Adding that it was Clod's just jadraient upon
bim to let him fall thns : for when ne consented
to engage with the captain in the fatal enter-
prisBe, he had not said hb prayers, nor read in
bis beloyed book^ ' Dilheren's Way to Eternal
Happineas,* in a month before; which two
things if he had oontinned to do with that de-
motion he used formerly, the Devil could not*
and should not have persuaded him td com*
into such a desperate confederacy. I advised
him to repeat Psalm 51, oflen, as heinff moat
suitable to his condition ; and directed him to
other prayers in a book, which the Lutheran
minister nad lent bim. He now told me how
he was concerned for the captain, and cried
out, Ob ! this hard-hearted captain, I pray for
him day and nig[ht, that God would turn his
heart and mdt him, and make him sensible of
the errors of his ways. He pntfessed that ho
did not desire to live ; all the favour he begged
of the king, was, that he would cause him to-
be beheadra, for the reasons mentiotied in the
preceding papers. Yet he hoped his fall was
permitted by Almighty God, to bring him to a
true sense not only of this, but of all hia other
sms ; and that God suffered him thus to be
thrown down, that through ^at toss he might
rebound the higher. And that though he had
walked in the dark, yet he doubted not but
God would draw light from that darkness. Ho
protested at that time upon my expoetulations
with him, that it was not apmoa^ing death,
and the punishment that was luLe to attend him
in this world that moved him to repentancCt
but the blackness of the crime, and his of-
fending a gracious God, and fi^rgetting hia
dear Redeemer's precepts. And here he broke
fordi into holy ejaculations fit for a Christian
and a true penitent. And when among other
passages I minded bim, that it would not bo
lon^ before he would come to his trial, and so
to bis execution : He cheerfully replied, That
he was ready to obey God's summons. And
whereas I told him it would be within a few
behaviour of the respective prisoners. The
first time the doctor and mvself went to visit
them, we saw no sense of tne crime in any of
them, but the Polonian, who professed his sor-
row, and gave me a large account of bis con-
dition, and how he came to be drawn into the
barbarous murder, by the captain : adding, 4<^t
whatever the captam might say in his own
vhidication, that it was mrougfa his servants
mistake that the fact was done ; if he had a
thousand lives, he would venture them all for
this truth, that the captain did peremptorily
bid him fire upon the coadi, and kili the gen-
tleman that was in it. And that be was so far
from mistaking his conunand, that afUr rea-
soning with him about the Larbarouancss of the
' deed, the captain iMd him not trouble hunself
about 'that) but do what he waa commanded.
The lieutenant, when I told him that aocording
to our laws, men present at a murder com-
mitted were liable to the same penalty with the
actors: Replied, If that be your law, I have
nothing to say against it A^ at that time he
seemed to have no great remorse, which made
us leave him afier some eadiortations to re-
pentance, and conaideratkm of his ways.
The captain at the same time, hard as flint,
entertaineid us with a discourse of his resolu-
tions to believe himself innocent, to defy death,
and to &iicy that if his judges would be im-
partial, tliey could not bfaune or condemn him.
8o we left him. The second visit I made them,
was in a f^w days afler, when the lieotenant
sent for me: and beinff then to pass by the
captain's chamber, I thought fit to call upon
him, before I saw the other, and here repeat-
ing my former counsels to him, and putting
him in mind of the all -seeing eye above, who
knew his crimes, though he did conceal them
« from man ; he was pleased to tell me, that he
had fiur other apprehensions of God than I had,
and was confident God would consider a gen-
tleman, and deal with him suitably to the con-
dition and profession he had placea him in, and
would not take it ill if a soldier who Kved by
his sword, revenged the aifront offered to bim
by another. I replied, that there was but one
way U> eternal happiness, and that God in his
laws had made no exception for any sorts or
degrees of men ; and oonseqaently revenge in
a j^ntleman was a sin, God wimla not pardon
without true repentance any more than he
would forgive it m a peasant He asking me
hereupon, What repentance was P I told taim
it was, so to hate the sin we bad done, that for
the future no arjj^ument should prevail with us
to commit it a^n. To which be said, HThat
if he were to live, he should not forbear to give
any one as ^ood as he brings: vrith some
otber expressions, which I am kith to i«peat,
for they made me so meUncholic, that l was
forced to leave him. Yet I bid him consider
Qf what be had said, as he loved his own soul.
I went from thence to the lieutenant, in
whom I foimd a very great alteration, and saw
now several good boolu, and the Biblaamang
fit rest lying baforo him, and he now was
^
days : He said, he should be content if it were
within a few hours. He then shewed me the
places in the little book, he had by him, *• The
* Way to Eternal Happiness,' which gave him
the greatest comfort, and prescribed lim most
excellent directions. The book treated of the
nature of a true Repentance, of Conifesaion to
the Ministers of the Gospel, of the Lord's-
Sufper, and the Rules of a Christian Life ; to
which are added several meditations proper for
Festivab, prayers suited to all conditions ; and
a very pathetic Sermon on the Passion of
Christ ; all which he said were a g^reat sup-
port to him in his present condition, which no
deplored chiefiy, because he had made so bold
with God, who had manifested himself to him
upon many occasions. 1 asked him whether
he had bc&en seduced by the Count or by the
Ci^ktain? To which heanswered. That ho had
beoi in the Cgunt's company twice, but th«i
4
ff] STATE TIBIALS, 34 CiiAitLES ||. iS^a.-^andotier^Jcr Murder. [9^
ctptiio wodU not let him know that it was the
€9ttpt, jet he belieyed it was ^, having for-
nedy seen him, and tliat the captaio ^till told
him th»t he had a quarrel with sach a ^ntle-
I wiM from thence to the Poloniao, whom
I found engaged in reading a German booV»
canr^ifMng prayers and devotjoqa, fit for a pe-
uteot. which he told me he was repeating tp
iumsdf day and night. I gav^ bim such heads
flfcontemplatiMi, as I thou£^ht proper for his
eooditicMi and capacity, exhorted Lim to re-
eoileel himself, aind to find out wba^ other siDs
he had formerly lived in, it heing not sufficient
to de|dore ODe> but all he could remember upon
aoKKis examination, which he promised me to
4a, and so I departed.
Hie last time I was with them 5vas on the
8A ofMaoch, pnd while Dr. Burnet Ment to
the lieutenant, I visited the captain; wliom
when I had saluted, T to)d him I hoped he
had taken his dangerous condition into con si-
dentioo, and wroii^^ht himself into a ^-eater
afnse of his sins than I could oI>serve in him
when 1 was last with bim. He said h^ knew
not what I meant by this address. I then ex-
pbined m^sjdf, gave him ti> understand tliat I
fl^ke it with reution to tlie laie great sin he
had been engaged in, and that £ hoped his
approaching death had made bim more peui-
teot than I nad found him the other day. To
which he replied. That he was sensible he was
a (freat ainner, and had cominittrU divers enor-
juliea in his lifetime, of \ih\ch be truly re-
peDied, and was confident tliat GoJ had par-
doned him, but he 5:ould not wcH understand
the humour of our English divines, who press-
ed him to make particular declarations of thint^s
diey bad a mina he should say, though ocyer
80 nlse, or contrary to truth ; and at this he
said be woqdered the more, because in our
church we were not for Auricular Confession.
He guessed indeed, he said, what it was wc
womd have liim declare, viz. lliat count Co-
ningsmark had been the contriver of the
murder, and had been in consultation with him
about compajsing his design, and prompted
and bribed him for that end, which falshood
be would never be guilty of, if he hnd never
so raany lires to lose. He understood, he said.
Hut tnc lieutenant hail been tampered with,
and by promises of a decent burial enticed to
ooofefs things notoriously fidse ; as that ho
should shew the said lieutenaat a letter signed
by count Coningsinark, to engage him in the
business, an^ offer him money to stab Mr.
Thynn, (Jcc. But ^ for his part, he was resolv-
ed to confess no more, tlvin he bad already
declared publicly before the council.
1 let him run on, andthen.told liim, that he
WIS much mistaken in the ^vin^ of the
diurrh of England, who neither used to reveal
private confessions, nor oblige offenders in such
esses to confess. things contrary to truth ; that
tbisiras bodi ag^i^^ their practice i^d their
principles; the confession 1 j^d he was so
Mtifien exhorted to, was no pi^ivatebut ;tpubji«
TOL. ix«
poplessiop, for as bis ccjme had been public,
so his repentance and confession ought to be
public too ; ^hd in that he was loth to come to
It, he gave us but too much occasion to sus-
pect, mat his oretended i*epentance was not
sincere and cordial ; T told tiim that in such
wrongs and injuries, as he had done, there was
either restitution or satisfa^^tion to be made : at
which word he replying, how he could make
restitution now Mr. Thynn was dead f I an-
swered, because he coiud not make restitution,
that therefoni he should make some satisfac-
tion, and this he might do by a free and full
confession of his sin, and of the cause of it,
and who they wez-e that put him upon it : I
added that where true repentance melts the
heart, after such commissions, there the true
penitent was readier to arouse himself, than
othei-s to charge him wilh the crime, and
would have tliat abhorrency of ilie sin, that he
would conceal nothing that servetl either to
aggravate, or expose it to the haired of all
mankind ; and that it was an injustice to the
pubhc, not to betray the comjilices, and assist-
ants, and occasions in such heinous offences.
I told him, he seemed to talk too high for a
true penitent, for those tliat were truly so,
were exceeding humble, not only to (lod, but
to men tqo ; and one part of their huinilitv to
men was, to confess to them, aud to tfieir
relations, the wrong they had done them:
Whereupon he answered, tliat it was enough
for him to be humble to God ; but he knew of
no humility he owed to man, aud God he
believeS had a greater favour for gentlemen,
than to reouire all these punctilios at their
hands ; ancl that it was absurd to think, that
so many thousand gentlemen abroad in the
world, that stood upon their hpnour and repu-
tation as much as he, should he damned' or for
ever miserable, because they cannot stoop to
things which will prejudice and spoil the figure
they make in the World : As for his part, he
saia, he believed Christ's blood had washed
away bis sins as mcU as other mens, for on this
errand he came into the world to save sinnecs :
He was indeed sorry Mr. Thynn was dead,
but that was all he could do. I told him, that
Christ's blood was actually applied to none bat
the true penitent, and that true repentance
must discover itself in meekness, humility^
tenderheartedness, compassion, righteousness,
making inf^enTious confessions, and so far as
we are able, satisfaction too, else notwithstand-
ing the treasure of Christ's blood men might
drop into hell.
Upon this he replied, that he feared no hell :
I answci*ed possibly he might believe none ; or
if he did, it might be a very easy one of his
own making. He said, he was not such a fool
as to believe, that souls could fry in material
fire ; or be roasted as meat on a great hearth,
or in a kitchen, pointing to the chimney. His
belief was, that the punishment of the damned
consisted in a deprivation of the gracious and
beatific presence of God, upon which depriva-
vation there arose a terror and ai^ish 'in
H' • I • ^^ •
59] STATE TRIALS, 34 CiiAnLES IL l682.— TntfZ of Count Cmlngimark [ I OO
tlicir souls, because they had missed so great
a happiness : He added, that |)0S8ibly I might
think him to be an atheist, but he was so far
irom those thoughts, that he could scarce be-
lieve, there was any man so sottish in the world
as not to believe the being of a God, gracious
and just, and generous to his creatures : nor
could any man that was not either mad or
drunk, believe, things came fortuitously; or
that this world was governed by chance. I
said, that this trutli I approved of, and was
glad to see him so well settled in the reasonable-
ness of that principle : And as for material fire
in the other world, I would not auarrel with
him for denying it, but rather hold with him,
that tlie fire and brimstone spoken of in scrip-
Idrre were but emblems of those inward terrors
be]onG[ed not unto them : and hereupon he
turned away from me aguia to the book, that
lay upon the table.
By and by the iietitenant came in with a
penitent countenance, and a mortified lo^k :
the captain seeing him, g^rew presently cho-
ice, and retired into a comer of the room, and
then asked him, what he came to trouble him
for ? he did not care for the sight of him, es-
pecially since he had bespattered him so noto-
riously with untruths. The lieutenant rery
meekly told himi that they had not long to lire,
and therefore he was come to admonish him
to repent of what he had done, and to tell him,
that he freely forgave him the wrong* he had
done him, by drawing him into the late un-
happy action : the captain hereupon called him
which would gnaw and tear the conscience of lyar, and asked him how' he durst vent such
unpemtent sinners, but still this was a greater
punishment than material fire, and ^his pu-
nishment he had reason to fear, if he could
Bot make it out to me or other men, that his
repentance was sincere.
Hereupon he grew sullen, and some good
books lyibg upon the table, one of which was,
Amts true Christiatiitv, he turned away from
me and seemed to read in it, and after a short
j»use he told me^ That he understood the lieu-
tenant's paoers i^ere to be printed, wherein
. there would be part of count Coningsmark's
letter, with some other circumstances reflect-
• ing on the count and himself; but if they
Were printed, he would print his own story too,
which should undeceive the world in the &n-
cies and opinions, the lieutenant's papers should
draw them into ; and in that paper he would
set forth the behaviour and manners of the
English clergy, end the strange ways and
methods, the^ take with poor prisoners to
extort confessions from thetn. As for the lieu-
tenant, he said, he was a fellow that was poor
and wretched, and by his means kept U-om
starving, and sometimes he was not well in his
wits : that himself was a gentleman, and a
' jnan of an estate, and should leave great sums
of money behind bun, and that no* English
gentleman would have been so coarsely used in
bis country, meaning Pomerania, as he hath
been in this; and if the lieutenant persisted in
his falsities, he would die witli a lie in his
mouth. I said, it was not probable that a
dying man,^ and a man that was so very sen-
Rible of liis sins, and who had betrayed nothing
of any disorder in his carriage during his im-
iirisonmrnt, should tell and aver tiling, which
ke knew to be untrue: he said, it %v as no
strange thing in England for dying nven to
speak notorious untrutlis, tlierc beinff not a few
examples of those who had lately done so : 1
told him, it would l)c very fit tlmt the lieute-
nant and he should speak together, and cap-
lain Iticlianlson, I thought, woidd send him
presently : w ith that he grew anapv, and re-
ttlied, he had nothing to -say to him, nor did
he care for sec'mg him, nor for being troubled
with any EngUsb divines ; they being nien
' IDO inquisitive and meddling with thiogs that
aoominable lies concerning him and count Co*
ningsmark; how he could hare the confidenoO
to tell men, that he shewed him a letter of the
count's, in order to engage him ; and of 400/.
that he should offer him to stab Mr. Thynn.
and talk sometimes of 400 and sometimes or
200/. which was a perfect contradiction ; and
if, saith he, I had> been so base 6t foolish as to
make you such an offer, you that were the
elder man, and may be supposed to have had
more wit than myself, why did not you chide
and reprove me tor tempting you to such dig*
honesty ? one would think you are distracted,
or had a soft place in your head ; is this youi
gratitude to a person that had relieved you, and
one you kindnesses, and are you not afraid to
die with a lye in your mouth ?' Here I inters
posed and told the captain, that this wrath and
anger was but an ill prepai-atiop for anotbef
world, and that greater meekness and charity
would become a dying mad : to Ihis he an-
swered. It is you divines that are the causei
of this passion, by obliging people to confess
more than is true. Tlielieutenant all this whiki
heard the captain very patiently; professed
that this was the first time that he was called
liar to his face, and that which fbrmeriy be
could not have endured from the greatest man,
he was very willing to bear now out of respect
to that God, from whom he expected pardon
of his sins. And as for what he had said and
confessed to other men, he took God to wit-
ness, that it was nothing but truth ; and
though it was possible in his confessions he
might mistake pounds for dollars, that being
the wonl commonly used in telling the money
in England, as dollars is in Germany, yet he
meant nothing by it but dollars ; and what he
had said of the mfferent sums, was very true ; '
for at one time he had offered him 200, at and*
ther 400, so that could be no contradictioh.
The captain, notwithstandmg this, still called
him liar, and ungrateful : while the lieutenant
stood before him talking with great meekness
and humility, and for the most part with his
hat off, and saying to him : You know, and
your conscience knows, the truth of these
things, why would ye offer me these sums ?
you know you made me these offers ; (M
101] STAT£ TRIALS^ 94 CiCABLBS 1
fcigiTe joQ, and I fbrgriTe yov. This said,
*lien die Seuteiiaiit saw, thai his speaking
£d but eprage him more, he took his leave,
visbiii|r him a si^ht of the error of his wa^.
The fieuteaant being gone, I stayed, hopmg
this religious confidence of the Keutenant mt^ifht
wprk the captain into remorse, but it was all in
vain : I persisted in my fbrmer assertions,
that repentance eouU not be true, wliich was
Mt attended with meekness, hnmility and pa-
lieaee; but he taming from me, and bolung
into his book, and recusing to give me an an-
swer, 1 left him too, wishing him a better mind.
* From thenoe I went up to the penitent lieu-
tenant, where I found the Polonian too. I
told the lieutenant, I was heartily glad to see
Us Chnstian behaviour under reproaches, and
Bo&ing pleased me more in matters of repen-
tance, tban humility and patience under inju-
ries, a tiling absolutely necessary where we
have to deal with God, who hath been for many
years patient under the injuries, we have
olfered to his majesty. He then vented some
comfortoble ejaculations, and expressed bow
freely he forgave that stubborn man, whom no
entres^es or arguments could work upon.
And while Dr. Burnet went with the lieute-
nant to the fireside,! entered into discourse
with the Pblonian, who gave me his confession
in h^ Dutoh, written fiom his own raoutb by
.the heutenant, and signed by him the Polonian.
I asked him whether as he hoped for mercy of
the great God, he believed the things said in
that confession to be true or no ? He answered
jes : whereupon to be fully satisfied, I desired
a German gentleman then present to read it
over agam in his and my hearing, and to read
it distinctly, that in case there were any mis-
takes in it, he might rectify it ; for as I was
wiOing, I said he should clear himself, so I
shookf be sorry, he should asperse another
man, or say any thing of him, that might un-
joRtly reflect upon his reputation : he promised
me, that he would attend carefully, and take
notice of every expression, wlilch accordingly
he did ; and finding a mistake in the paper in
point of time, he immediately gave notice of it,
which I caused to be rectified ; and having
heard it read over before him, I cbarg^ him
once more, as he was to give an account to
God in a day or two, to tell me, whether things
were carried on and managed in those circum-
stances, as are mentioned in the paper P To
which he religiously answered in the affirma-
tive. I asked him thereupon, how long he had
been a Protestant oftheAu^burg confession,
for he bad been bred a Papist ? To which he
answered, ever since his last sickness : which
as I remember he said, was about Michaelmas
hst ; when being told, that the Protestaat re-
ligion was more conformable to the word of
C^, be consented to embrace it, and hath kept
Is it aver since. I demanded of him to tell me
iaiondy, whether he had not led a very de-
- bocbed life formerly, which made hliii ven-
lnre upon that late mhuman entcrprize ? He
MjDeno^ and that he had been sofiurirom
i
ooramitting any such crime hereto(bre« that he
bad had the good fortune to live with inaster^,
who were soto:, and men that were enemies to
disordei* and debauchery ; that according to
his capacity, he had always m^e conscience of
grosser sins, and had been very punctual in
saying those prayers he had been taught, eitlier
by his parents, or such persons as he conversed
with ; and that captain Vratz when he bid him
shoot 31r. Thy no, told him, tliat it was here as
it was iu Poland, >vhere the servant that dotb
his master's command iu such cases, is blame-
less, and the roaster bears all the burtbeo ; and
that prevailed with him, though he found no
small reluctancy in his breast, and pleaded with
the captain about jthe beiuousness of shedding
innocent blood. I then endeavoured to find
out what kind of repentance he felt In himself,
whether it proceeded from fear of a shamef ul
death, or from an hatred of nin and love to
God ; whereu{K>n he gave me such an account
as his honest simplicity dictated to him, and
said, that if he were to live any longer iu this
world, he verily thought tliis one sin would
keep his soul so awake for the future, that it
would not be an easy matter to make him act
a^aiu against his conscience : this had rouzed
him, and he now perceived the sweetness of a
good life, and keeping close to the ways* of
God. He was sensible he bad deserved the
punishment, the law would inflict upon him i
and all his confidence was in the blood of Jesus,
who knew how he was drawn in,- and the
plainness of ))is temper wrought upon by the
captain's subtilty : however he freely tbrgave
him, and commended his soul into the hands
of God. And here ended my conference with
the respective prisbners, having wished them
the powerful assistance of God's holy spirit, I
took my leave of them. ' Tlie lieutenant, whe
in repeated words expressed his honest design
in having the following paperr published, de-
sired me to go with him on Friday following
to the place of execution, there to te)l the
spectators, what he should think fit to say to
them : I told him I would very readily obll^
him in his request, but that 1 was bound to
preach that very moniing, and that very hour,
when he should be led to the place of exe-
cution ; however Dr. Burnet, who had been
his spiritual father all along, would not fail to
do that last office for him, in which he rested
satisfied, and with all humility, and in a peni-
tent posture, bid us adieu.
In the translation of the following papers, I
could not be curious in the stile, because I was
forced to keep to the simplicity of the lieute-
nant's expressions : he writ not to shew his
learning but his piety ; having never been
brought up to letters, rhetoric is not a thing,
that can be expected from him. Truth sounds
better from a plain, man than from an orator ;'
and the less ornament there is in a dying per-
sons discourse, the less it will be susjiectea of
hypocrisy. The expressions usctl here, spe;^
his heart more than nis fancy, and when a man
is preparing for a tremendous eternity, it
AtS] STATE tRiiALS, 34 CHAftLSik tl. i^^^.-^JMiti ^ ClMd t&nhigknH&k ( 104
Would be fbolish to study eloqaence. The
^ords here are not chosen, bat flow natnrtdly }
and th^ hon^y of his soul dwells in the fome-
^pun meditations. To have affected betto! m-
gimg-ethah himself used, had been injusiljv^ ;
and to 8»av in English what he had not said in
Ills own language, had not been to translate,
t>ut to polish his admonitions. Such a plain
harangue, it is like, may be nauseous in a cri-
tical age, where learning and wit rides in tri-
tinmh ; yet a soul touched with the same
loadstone that bis was can relish the siveet-
tiessof it: himself was Vifraid, that the sim-
plicity of the language would be an offence to
She curious readers ; and therefore begs of
them, when they came to peruse it, to make
greater use of their charity, than their sa-
gacity.
The same I must say of the Polonian^s con-
iession, where you must expect no better en-
tertainment, he could but just express his
ineantng, and was no greater scholar than
taatnre had made him.
I was at first in some doubt whether 1 should
publish the captain's answers to my queries
and expostulations, because some of them
savour of prophaneness : yet considering that
the Erangelist hath thought tit to acquaint
the world with the ill language of the one, as
tvell as with the penitent expressions of the
t>ther malefactor, 1 was willing lo follow that
^eat examnle ; hoping that ti;ose loose dis-
courses of the man may serve as sea-marks, to
Warn passengci*s from running iiiMin those
tends. That which 1 chiefly obsened in him
"was, that honour and bravery was the idol he
'adored, a piece of preposterous devotion, which
lie maintained to the last, as if he thought it
Vrould merit praise, not to recede from what he
liad once said, though it was with the loss of
'Ciod's favour, and the shipwreck of a good
conscience. He considered God, as some ge-
nerous, yet partial prince, who would regard
mens blood, descent and quality more than
tljeir errors ; and give vast grains" of allowance
to their breeding and education ; and' (tossibly
the stout behaviour of some of the antieut
'Roman Bravos, (for he had read history)
might roll in his mind, and tempt him lo write
copies af^er those originals ; or to thhok, that
it wasffreat to do ill, and to defend it to the
last, nhether after my last conference with
liim he relented, I know not ; those that saw
Jiim ffo to his execution, observed that he
looked undaunted, and witJi a countenance so
* steady, that it seemed to speak his scorn, not
only of all the spectators that looked ujwn him,
but of death itself: but I judge not of the
tlioutfhts of dying men ; those the Seareher of
all Hearts knows best, to whom men stand or
fall. I cJ\hnot say, that 1 remember every
'By liable of the several confei^ences^ but sure!
am, I have not mistaken the sense of wliathe
said, nay think I have kept to the very words
he then used, as much as is possible. I
V^oiild net wrong the living, mucit less the
4^ 9 but truth is a thing, which though not
iBtlwHyn cdnvetkkAify, j\Si may tawMlytifefakl
at all titoes : this was all *I ahnefl it, luri
because reports are already spread abroad of
other diaoourdeb and exp^eaaions, this unhappj-
man should use to me, and how he affiro&ted
me in prison, it Was fit the world should be mt-
deceived. Anthony Horneck.
At the Savoy, March 13, 1681.
For Dr. Burnet.
Sir ; I heartily thank you fbr all yom kind-
hess ; and promise myself, that, according to your
word, you will publish my little writings, m-
tended only to let the world see, that I came not
into this country with a design ofbeing engajgfeA
in the late bUck deed. And nnce the justioes
have not declared what I can say or did say
for myself, the rabble, it is like, wul be of opi-
bion that money brought me over into thesfe
parts : In which verdict they will be unde-
ceived, if you will be pleased to let them read
in English, what I have set down in these
papers. I remain. Sir,* your obliged servant^
John Stern.
Written in the prison, London, 1682.
The Lasi MeditattotUj Prapers^ and Canfeitiam
of Lieutenant Joun Stern.
^ Let God have all the Glory, and umui
acknowledge bis own unwoftniness."
T. Seek ye first God's kingdom, and bik
righteousness, and all these things shall bt
added unto }0u, Mat. vi. 33. 1 said in my
trouble,"! 'am cast out from thine eyes, notwith-
standing' thou didst hear the voiceof my weep-
ing, n'hen I cried unto thee, thou (hdst s^
my trouble, and didst know my soul in adversity.
Watch, and pray, that ye enter not into tempta-
tion, fbr the devil, like a roaring Iion,walks amut,
seeking whom he may devour. In the third
bock of Moses it is written, Thou shah bear no
malice to any of the children of thy people :
by these ' are meant our neighbours. In the
first book of Moses, ch. vi. The inclinations
of man, are ^aid to be evil from his youth ; but
the spirit of God can endure no such malici-
ousness.
I have ))een a traveller any time these S5
years, and'have pereeived but litUe malice iii
my heart ; though I have had too often cause
and provocation, yet have 1 committed all to
God, as the sunreme judge of all. What hath
brought noe to tnis present misfortune, is known
to God alone ; yet I am greatly to blame, be-
cause I did not abandon the world, lived m
carnal Security, and minded the lusts o( the
flesh, more than God, blessed for evermore ;
for which I am heartily penitent, and I thank
my God who hath brought me to a knowledge
of^ myself, and given me his mce, to come to
a true sorrow for my manifbla sins ; if I have
l>e€n enticed, or tempted by any person to this
wickedness, as is evident 1 have, I bag of God
to pardon him, for Christ his sake, and I desire
all persons, that shall read what I have written
here during my imprisonmenti tooonaider of
105] STATE TRIALS, 54 Chablbs I1» I^S^ . m u lothen,fifr Murder. [LOtf
% wefiweily. Letno manrejiMce «t his neigh-
|wir*s tni aiu i tunes ; erery Tnim'slttrt honris not
wmeyei : when tou we a prisoner led along,
yr ay l o i him, ibr the same nmy happen to you ;
Dttre oompassion on your neighbours, and God
will have compassion of you. Be merdfol, and
God will be merciful to yon. I sire thee thanks
■w«el Jesus Christ, Son of God, that thou hast
K' ren me to understand so much out of thy
ly word ; give me constanoy and persever*
mee, that I may obtain tibe satvation of my
voqI. Amen.
IT. God saith, ^ Man help thyself, and 1
wiU help thee :" but aias ! whfle we are in
^hisvailey of tears, we think seldom, or not at
all, oftbe dirine assistance ; our eyes are dark-
ened, and we consider little besndes the lusts of
tiie eyes, and the lusts of the flesh, and the
pride of life, of which Christ himself hath
aonoetimes complained, when men have for-
Igotten him : happy is the man that feels true re-
)>entance in his heart. Lord Jesu ! give me that
«race, who am the chief of sinners. God, thou
^asl not sent thy Son into the world to condemn
'kinnere, but to save them ; O, save tte not for
my sake, but upon the account of that precious
'Wood' which was shed for me on the cross.
in. I pniy God, nobody may be scandalized
at what I write, out let every body lay to heart
"what a noor sinner writes in prison. Ye chil-
dren oftbe worid, when will yon bethink your-
selves, and consider the things which belong
to your peace, but it is hid from your eves. O
may it not continue hid from yon f Keep
close to the word of God, and think on the
woman's seed, which was to bruise the ser-
peBt|s head ; be vigilant, and pray, that ye fall
not into temptation ; think often, &at your
ains are an abomination to God : take heed you
^ve no ill example to young children, whidi
if yon do. your account wiH 1^ dreadftd.
mV. Jolm, the forerunner of our Lord Christ,
wli^n be b^tm his ministry, the first words he
"let drop from his mouth, was to recommend
repeirtuioe unto the impenitent, Mat. iii. and
Mat iv. saving, " Thekingilom of Heaven, and
the day olVraoe is come to you, and at hand,
and God oirers you pardon of sin, and etema)
Vfe.'* In the 6tb of StUIark, the twelve apbs-
'des went out, and preached, that *' men sho^d
repent;'' and Acts iii. *<' Repent, and be con-
'rated, that your sins may be blotted out. " And
Acta 14. *< What mean ye, sirs, we preach onto
,yoo the Gospel, that ye may turn to God." O
my dear Lord Jesos, make me partaker Df this
conversion, fbr thy name's sake ! Amen.
V. AfclB xvii. 30. " Ye men of Athens, the
times of ignorance God winked at, but now he
oommaoda aJl men every where to repent"
Adsxzvi. 30. "St. Paul shews to king Agrippa,
that he was ther^re called from Heaven to be
aa Apostle, to preach repentance both to Jews
and Gentiles. Ye Ithat are parents, if you
have children, keep them close to the fear
of God ; teach them the Creed, and the
^Ten Commandments ; send them to school,
aadbmdthem out to an liooest trade; be not
aahamed of this, it is better than an idle life, or
-Fceneh galkintry, dancing, 6cc. Keep your
children oot of bad company, whether |bey ha
BOOS or daughters : A heathen writes, thai
Evil communication corrupts eood mannersy
which myself hath had very sadexperience of.
Before my 23 years travel, I should have
learned a trade ; But it is too late now. God
five me patience in all my sufferings. I hope
y the help of God, I shall ere long be aepa*
rated from the world ; for it is my greatest de-
sire and comfort to dwell with God. Amen.
VI. Gen. iii. God saith, ** In the sweat of
thy brow shalt thou eat ikv bread, till thou
return to the earth, of which thou art taken.**
Bsal.civ. ** When the son rises, man goea
fbvih to his labour ;" but not to.such labour as
the Devil suggests and tempts men to.
VII. John xxi. " When Peter was more
conoetned about 8t John, than about bimseify
the Lord said. What is that to thee !" Luke
vi, It is said, << Thou h3rpocrite, first pull oot
the beam that is in thine own eye, and then thou
shalt take demote out of thy brother's eye ;'*
and thus it is with us. The mote in our bro-
ther's eye we easily spy ; but ure regardless of
the beam in our own eye. •
VfIL Rom.xiv. It is said, <« Who ait thou
that judgest another man's servant; he stands
or mils to his own master; he shall be holden
up, for God is aMeto bold him up." Preserve
my steps, O Lord, that my foot slip not. O
Lord, frv thy power, strengthen the weakness
of my flesh, that I may Sgltit manliiUy, and
botii m life and death, may press toward thee* -
Amen.
IX. And now ye fbat are governors of the
world, abstain from anger, -exercise justice,
let not the sword grow rusty in the scabbard,
though you b^n with mme own head; let
the will of the I^rd lie done. Ye princes, and
great lords, do the same; have an eye upon
your officers, and take notice, how instead elf
doing justice to the widows and orphans, diey
go w>ut banqueting, visiting of play-bouses,
playing and hunting ; the rest I will not name,
for fear of giving scandal to the younger sort :
see that none of them take bribes, for unjust
bribing cries to Heaven for vengeance. By
the word Governors, 1 understand kings,
princes, viceroys, lords of countries and pro*
vincesin Christendom ; colonels, captains, and
whatever tities they may have ; punish none
that are innocent, rdease rather ten that are
euiity, than condemn one innocent man. Ye '
kings, princes, and presidents, let nd proud and
phantastic dresses be allowed of iu your land ;
ibrthroQgh pride the angel turned devil. Ye
itithers and mothers, oloath your children de*
cently when they are litjie ; when thej' grow
big, they soon become bad enoughs iLet no
man be taxed or rated above his ability ; op-
press not the poor, rather help him to bear his
bnrthen as much as it is possible.
X. Let us say, out of Psal. xyiii. fS, " The
Lord myGod turns my darkness into light." In
Geneab we read, " That the thoughts of man's
107] S1'AT£ THIALS, 54 Charlbs IL l6S2.-*7m/ of Couni
[IDS
lieart are pvW irom lus youth*" The spirit of
the Lord can take away that sinful inclination :
I will sf y with Da?id, Fs. bcxxi. <* Create in me
4L clean heart, O God, and renew a right spirit
vithin me ; cast me not away from thy pre->
8ence, and take not thy holy spirit from me."
Out of Psal. cxT. '* O Lord, not unto us, not
unto us, but unto thy name, give all tlie honour
and glory." He that is fallen into poverty, let
him hope in God, he will help him. I^. 1.
God himself saith, '' Call upon me in the time
of trouble, and 1 will deUver thee, and thou
shalt praise me." My strength is made per-
fect in weakness, for Christ is good and gra-
cious ; and because ha is mercinil, let us call
vpou him ; as it said^ Luke xv. '' Father, I
J^aTe sinned against Heaven, and before thee,
and am no more worthy to l>e called thy son,
make me as one of thy hired servants."
XI. The Apostle St. I'aul mentions, in a
certain place, how a man may have all things,
and yet have no charity. Cmist also exhorts
us to love one another. I may say as it is in
die song, " Love is quite extinguished among
the children of men." Deut. xxii. *' If thou
«ee a stranger's ass, or ox, go astray, thou
sbalt take tuem into thy house. Levit. xix.
*< Thou shalt bear no grudge to any of the
children of thy people, which have provoked
thee to anger. Prov. xxi. '^ If thine enemy
iiunger, give him meat ; if he thirst give him
drink." Alatt. viii. and Lukevi. *' I say unto
you that hear, love your enemies, bless them
that curse you, do good to them that hate you,
pray for them that persecute you, and des-
pitefully use 3^ou, that ye may be children of
.your Father which is in Heaven, who is good to
the unthankful, and to the evil." Think of
this, ye proud vain-glorious, and wrathful men,
who say. Shall I yield ^ I am much better than
you. Agree witn your brother quickly, while
you are yet in the way with him. When you
come to your long home, you will be weary,
and find another register or book of account
before you. And here I beg, of all those who
aHall read these lines, if in any thing I have
"been against thcfm, or offended them, to for-
give me for Christ his sake.
XII. Eccles. vi.. Solomon saith, "It is an
evil that t saw under the Sun, and it is very
common among men, that God hath g^ven to
£ome men riches and honour, and they want no-
thing that the heart desires." By such So-
lomon understands lords, and governors in this
world : Take heed of pride, and voluptuous-
ness, wrath and anger, for these are now be-
come very common ; and such men are apt to
cry, Am not I a lord ? Am not I a governor P
ICuig David was veiy nenitent. £xod. 5.
JPharaob tells Moses, '* Who is the Lord, whose
voice I should hear?" But notwithstanding he
must sink in the lied Sea. Take heed, the
sea of sin is deeper than the Western Ocean ;
make haste, mULC haste to get into Heaven's
boat, that ye may set into the ship of God.
XIII. Ye proud, who is there among you
«iU take % view of his life ? This Is very usual
with you to cry, 1 have sent my tailor iiilp
France to bring me newest modes and faahioiiSk
Thou hadst better have gone to Jerusalem, and
considered tlie passion of Christ ; and much
better would it be for thee, if instead of volup*
tuous youngsters, thou hadst some grave an-
cient man about thee, whether seciuar or ec*
clesiastical ; but such men must be fools among'
you. Gen. iii. " Wlien Adam and Eve out of
pride, affected to be like God, they were cast
out trom the presence of ' God." TbeSodo«
mites wore proud, £zek. xvi. 49. ** This was
the sin of thy sister Sodom, pride and idleness,
and fulness of bread."
XIV. Ye oificers, colonels, and great men,
how do you live.^ When a country minister
dies, to whom goes the parsonage ? to him
that brin^ most money. Ye ask not. Have
you studied hard ? do you live a good life ?
are you a good preacher upon trial ? only the
man saith, Here is- my purse, and that's
enough. The deceased parson hath a son, it is
true, that is a scholar, but he hath no money,
or he is too young. Tlie widow hath divers
children. Thus he pleads ; and is not this a
most lamentable thing ? Ye generals and co-
lonels, where are. your camp preachers ? I do
not ask you about quarter- masters, belonging
to either generals or res^iments, those you do
not want, for they fill your purses : And
what religion are they of ? why of this, to
take all they can get. Who knows how long
it will last ? Sometimes you carry your camp-
preachers, or army chaplains, in your pockets !
O how do you rob God of his honour, and your
neighbours of their souls ! He that serves, let
him serve faithfully, that he may be worthy of
his salary. He that hath none, needs not trou-
ble himself about entering into service. Ye
generals, colonels and commanders, when you
are in your march, or form a camp, and are
either liesiegine^, or besieged, pray remember
to exercise brotherly love toward tlie meanest,
as well as the ^eatest. Ye commissaries,
where is the provision ye are to make for the
army ? Three parts of it are in your pockets ;
and then you g^ve the general a present, but
the poor sheep may go to grass. You country-
men (that's the word) you must pay ; give
w.hat you have, and the rest you may keep ;
such a great man, or friend of the genera],
must have a safeguard. The poor widows and
orphans, run alMut like mazed people, with
their children in their arms, their hair dishe-
veled, tears running down their cheeks like
pease ; and you sball not find one in an hua*
dred that will give them one penny, though
you great ones have, may be, taken possession
of their cows, calves, and sheep, x our sol-
diers in their march, must at least have gifVa
brought them : Sometimes the money is drawn
out of the peoples purses by dreadful oaths*
In another place, you let the poor soldiers lie,
as it were, on a neap, and plague the whole
country ; then the poor must run to the ricb
to borrow money of them to treat and enter-
tain the soldiera* You great ones bare abuii«
109] STATE TR|AL8, 34 Charles fl. iSSJ.—^iii ^h£r$,f€r Murder. [1 10
or in the bcwpitals, it is not much . When they
be^in to be merry at their feasts, then the next
discourse is about their incomes. I bare a
ship at sea, saith one, so much I ^t by this
▼oyafvc. Wretched man ! thou taikest of thy
pAn, bnt dost not pray to God ; thou mindest
thy pleasure; thou d^est with the great ones
in the country i sometimes thou §^oest abroad
thyself, and courtiers do cheat thee ; then thou
cursest because thou canst not recover it. In tra*
veiling, men meet with variety of peoj>le. '
Sometimes thou hast an old mistress, her tnou
ffoest to visit ; am) after that hast the confi-
dence to ask, why thy ship was lost at sea ?
(He that hath an honest wife, let him mak«
much of hcr^ for she is a rare jewel). Th«
seamen, when they come to shore any where,
nothing but drinking and carousing all night
will serre them, and the glass must go round,
and that is their way of living ; and from hence
come those many misfortunes at sea.
XIX. Ye doctors of the civil laws, proctors
and advocates, it is needless to expound any
thing to yon out of the scripture, you are bet*>
terschokurs than I. Psal. x?i. It is written,
*< I have set the Lord always before me ;"
This is worth your thinking of; for there may
be men among you who love to shear the-
sheep, so long as there is any wool upon them :
many of you are squint-eyed, looking for the
hand' that comes-with a bnbe, wliich is a. thing
doth more with you, than the g^reatest justi<m
of the cause that is before you. May be, there
is one in fitly who contents himseU with half
so muck as another man takes. The Ho(y
Ghost direct yoor hearts, that you may mind
you neighbour's .good and welfare more, for
that b to act like christians.
XX.; Ye drunkards, ranters, and blasphe-
mers, and underminers of your neighbours,
who give ill counsel, to their nun. Ye
whoremasters, and gamesters, ye haughty,
and wrathful men, I prsly God send you some
sparks of his grace, tnat you may smite your
breasts, as the publican in the temple. I hope
you will consider the text we read in the holy
scriptures, Bev. xviii. 7. where it is said of
Babylon, *^ How much she hath glorified her-
self, and lived deliciously, so much torment and
sorrow give her." From hence divines do infer
That every sin will meet with a peculiar punisb-r
ment in hell, and consequently a proud and
haughty man will have the honour of being
tormented first, or before others^ or will be
trampled on by others. « The voluptuous wBl
have a cup of gall given him ; a drunkard be
plagued with an infinite thirst," Luke xvi. 94,
" The unchaste person, with putrefaction and
worms, which shall break forth at the members
whereby he hath sinned." Ecdes. six. 3. A
slanderer, with seri)ents, and scorpions. There
were some comfort in it, if there might be an
end of this, but <' as the tree falls, so it will lie,
whether it iiill toward the South, or toward
the North," said l^lomon, Eccl. ix. 3. sothut
no change of their torment is to be expected.
The damned can get no cooafbrt, no ease, no
brought hfito you by your officers,
vhereas the poor soldier must content himself
with an empty house. You cause 'the poor
people's oxen and cows to be driv'enaway,
then sell lliem, but the meaner sort must eat
iry bread.
XV. Ye gentlemen, burgomasters, alder-
men, and grand bailiffs, pity the poor in your
exacting contributions. Take heed ye oppress
not the widow and orphan, nor take tneir goods
ftway for your private use ; nor corrupt your-
selves with bnbes. Do you understand the
Latin phruse. Quid juris f or the other, Da pe-
cuMittm y To make your own cause good, you
make feasts at the public cost ; and this hap-
pens often, when you are to sit as judges, either
B matters of blood, or in civil causes. Before
ytm do so, pray the Lord's prayer, and con-
ader the import of that place, John xiii. 3, 4.
" Hereby shall all men know that you are my
piciples, if you love one another ;" t. e. do
justice one to another. There are many good
^hrMans among you ; but alas ! fer more of
Ibe other sort.
XVI. My lords, ye bishops, abbots, deans, if
it be so, that in the town or country you live in,
yoohave ei^er for money, or kindred -sake,
placed any ministers, or schoolmasters, which
are not capable to look to their charge, or to
instruct youth, you will have a yery great ac-
|x>unt to give. Ye great ones, you should at
least visit your clergy once a year ; but I do
not understand to what purpose you put the
poor parson to the charge of a banquet, which
tdws off, at least, a foi^th part of his income
the first year, if his parishioners in the country
do not help him . Y Ou shoul^dpreach and exa-
mine the children, this your office requires. If
the minister hath good drink in his house, he
b commended ; and those that love the good
fiquor, will commend his sermon : sometmnes
there is one that will give him a silver cup for
ins pains, and that's the humour of the world.
XVII. Ye merchants, ye know it is written,
Widi what measure you mete, it shall be mea-
sured to you again. Live np to this rule, put not
oot your money to usury ; content yourselves
with honest gain, for all depends upon the bless-
iufi^ of God ; unjust gains descend not to the
third £;^3neration. Let every man, hi his own
station, take care to mind his calling, and do
what he is commanded; Do not sit down and
write two for one, and then lay the fault upon
your man. Take heed of cursing and impre-
cations, whereby you endeavour to make old
commodities new, especially where the bifyer
hath no great skill, whence he must needs be,
cheated ; you give it him upon your word,
though it is not worth a straw.
Ye seamen and skippers, how do you live at
sea ; take up your anchors in the name of God,
and in the same name you ought to spread
yonr sails. When the merchants grow rich,
fMenthr they must have great gaidens, with
delicate nouses tbr pleasure, where they may
treat theh" rich acquaintance ; If they give at
tay time something to the poor in their houses,
I a 1 ] STATE TRIALS, 34 CAAALES II.
mitigation of their pain ; If they could but
have hopes of *^ a mp of water faan^^BS' at a
finfler'a «nd,*' Luk. xvi. 24. this might yet
refresh them. Bev, xiv. 11. it is said, <^ They
have no rest day nor night, but their shame and
pain shall last for ever. The smoke of their
torment shall rise for ever ;" read the aforesaid
place, though you never read or considered
It before ; the door of grace is yet open. Ye
drunkards, and whoremongiTs, ye Qry, let us
be merry, for who knows now lung we are to
live. Whentbon readest Prov. vi. 11. *' So
shall thy poverty come, as one Uiat tmveileth,
and thy want as an armed man," do not take
in thy meat and drink like beasts, but with con-
mderation of the soperabundant and ahnigbty
P^oodness and oMrcy of God. Tit. i. 15. 1 Tim.
IV. 4, 5. Prov. iv. 17. EocLesiastioos xxsd. ^1.
Jiuk. xjd. 34. For God*s sake read these chap-
ters, and you will see, what hazard you run m
living io the woiM, as if there^were neither
heaven nor hell. There are too many, God
knows, that brieve all things alike. Let us
4)onfe8S our sins, and say. Help Lord and Father,
who art good to aU, and givest toaH, that, we
may waUL in newness oi life, and be zealous of
codd works, to thy f^ory, and the^ of angels,
ue love and education of our neighbour, and
the devil's envy, that we may at last obtain the
end of our faith, ihe salvation of our souls : and
hear the ohdarful voioe, Mat.'Xicv. 21. <^ Wdl
doneisrood and ftithful servant, thou hast been
faithful over a few things, I will make thee
ruler over many things, enter thon into thy
•'sjoy."
Great Healer of the wounds, sin makes,
In hearts with erief, and tears oppressed ;
O bow my soul doth pine away,
"With dolours ^reat and hard to bear !
Almighty Saviour take thou me,
And let me in thy wounds be safe ;
Th«i then it will be well with me.
My soul, my flesh shall rest in thee.
Jonas iiL 6, 7. *' The king of Nineveh, and
all his Mople, humbled themselves, put on
taackdotk, and sat in ashes." Let us put on
.the garment of love, of true repentance^ and
ttorrow for our manifold sins wnioh we have
eonmitted, and through the grace of God we
.fhall obtain detiveranoe from all our sins ; fer
^hiohdehveranoelpiaisehim. I doalveady feel
tkeJUmightyGod in my soul, andthonghl had
•Ihe sins of tne whole worid upon my back, yet
that good, that gracious God, would not let me
>giilk underthat burden, Psal.- oxzx. Thoiigh our
srins are multiplied, yet God's mercy is far
igreater ; his helping hand is net limited. Let
Uie hurt that hatn been done be never so. great,
'«ti]l he is the good Bhepherd, who will redeem
Isnel from all his troubles and transgressions.
1 MessGod nho bath brought me to a sense of
my sins ; nay, lam so well satisfied (praised
be his name) that though 1 mi^t have half the
woiid's goods, I would notd^ireto live longer.
I have had litt!e comfort in this world ; now and
•#iena body is on the -wat^r, by.«Mi by in a
m2^JHal of Cc^imi Cemt^trnm-k [
storm ; eve by land the journey's are km^^ ,„„ .^
tedious. How soon doth sickness oppress 119^
no man is secure of his life ; though a man 1m9
above an enemy, yet there is no r^st £id-»
perors and kinn rise in the morning fredi ami
sound, but the least change of air throws thea»
down, and they must wait for the help of God
as well as beggars. Let us therefore say witb.
Jesus Syrach; man, think, of thy end, and tboi^
wilt never sin ; and to do so, the Lord Jesuy
grant us his grace, for in this I have failed fre-
quently.
XXI. Ye tradesmen and artificers, I will
make but this simple remonstrance to yoo.
Many of you complain, that you labour day
and night, yet you can get nothing : it is do*
your labour altogether, but God's blessing tha^
18 to be regarded. For Christ saith, thou shal^
sanctify the Sabbath, and on that day, go diti->
gently to tbe house of God : thou shalt dq&
swear, or curse, neither thou, nor thy wife, nor
children, nor fiunily. You should not spendl
so much time as you do, in taverns, for tnece
you ordinarily stay till midnight ; and ye ba-
kers, brewers, butchers, sell, as you mean
to answer it to God ; for the magistrates are
apt to connive at you upon the account of frieiid*
ship, or some other relation, but this should not
be. On Sunday morning, instead of your cups
of brandy, you should take a prayer-book u
your hands, and out of that instruct your chil-
dren : look into Psal. 122. <* 1 was glad,''
saith David, '< when they said unto me, let us
go into the house of the Lord ? our feet shall
stand within thy gates, O thou house of God !'*
If any of you fall into poverty or sickness, yoia
that are tneir neighbours set them up agaioy
you need not fear that this brotheriy love will
make you Anabaptists. Clothe yourselves and
children aocordii^ to your state, and condition ;
S've to the poor according to your ability, and
at is your blessing ; for by this means, ypit
will want nothing that is necessary here oa
earth.
XXII. And now je prisoners, how do yoo
behave yourselves m prispm ? Keep dose t»
the Word of God, and you ^ill receive j^ace
and comfort: do not you read, £sa. liii. 4.
^' He hath surely borne our grids, and carried
our sorrows ? He was stricken, and smitten of
Gody and afflicted :" see what he saitji, Mark
xiv. 34. '*My soul is exceeding sorrowful,
even unto death." This said Cnrist at that
time, when for the sins of the whole world, be
sufoed himself to be imprisoned and bound ;
was not that an exoeedine great love, which
Christ hath expressed to aSi mankind ! Creator
love he could not shew. And this he did, that
we might think. of him« when any of us are
taken prisoners. Let such a one examine him-,
self, for what reason he is imprisoned ; if be
find himself innocent, let him have patieoce,
let him not curse : If he find himself guilty,
let him pray diligently ; if the crime be great
andhetnous, let him pray oftcner, and seml;np
his sighs every moment to God, and he ii(ill
turn all. things to his ^vantage. Chast<^
s
:
lU] STATE TRIALS^ Si Chablss IL \6s^.^mul aiter$,f&r Murder. [i i%
Lnd, wIkd lie w«b ttStetk prisoner (thoagli we
ct not to be coiii|Mured with Um) said, Mat.
mi 42. «' AMia Father, not what I will, bat
vbl tlMNt wilt." Behold here his mighty
Iwe, therewith he hath loved us when we were
jtt hb enemies ! He suflTered himself to be
iipnaoiied : this is no small comibrt for you
«M yon Ke in a prison ; for which reason,
oasider seriously of it ; hot stake heed you do
BflC corse in prison ; do not break forth into
viath and anger ; be jmtient, oonflde in God,
who win support you in all things, if you call
ifiNi biiu. Use no threatentngs that in case
yMoome off, you will remember the persons
tfait have been the cause of yoar imprisonment.
His makes your case bnt worse, commit re-
wpgeto God ; for thou art not permitted to be
Ifcine own revenger. For he that ju'lges, shall
heJQf^^. The law of God and man condemns
these things ; he that sins mack must repent
mdi, this is God's order, who c&n truly say of
khnself, as it is John xiv. '* I am the way, the
tnith, and. the life." And if he be the way we
oumot possibly err, if we follow him ; if be be
the tmth we cannot po^ibiy be deceived by
kira ; if he be the life; we cannot possibly come
W aoT thing .that is hurtiul. If your flesh and
hMAd DC straitened in prison by tne temptations
of the devil ; if the chains and shackles press
hard upon you, remember the Crown of Thorns
guilt of his own. Mat. xi. 28. it is written,
** Come to me all ye who are weary and heavy
laden, and 1 will refi^esh you :" and let this be
for yoiv comfort. Nor is it enotigh that a man
is laden with bonds and chains, for that is only
a temporal punishment ; you must at the same
tone, take your hearts prisoners by the word
af God. 8iglrtherefore, with David, and say,
Look not vpon my sins, O God,
Make pure my heart, make c?ean my soul.
A new gloss on my spirit set.
And from thy presence cbase me not.
Thy Holy Spirit ffrant thou me,
With peace and health refresh thou me.
To plMse thee, make me willing, Lord !
Amen.*
Thus oogfat men to live in prison, upon which
by the grace of God, remission of sins must
rily follow.
men ? aftd if a soldier leads a good life, it mny
be said to be stricter than a Capuchin's, hut
such a one is a creature very despicable, yet
more or less according to the country he fives
in. When an enemy knocks at your gates,
ye great ones, and you can but get soldiers
you rgoice exceedingly ; but if God give yoa
peace again, I am sure, you have no com-
mand from him, that they who sened yoa
foithfully, should be cashiered and sent away
without pay, and those which stay behind,
shobld scarce have bread enough to eat. I
suppose they are creatures created of God, and
redeemed as well as you. He that wrongs them
wrongs God in heaven ; here I must die for a
man's fortune, with whom I never changed
wotd all my hfe, for a woman which 1 never
saw ; nav, for a man that is dead, whom t
never had a view of; and are not these three
very ffteat thin^ ? I leave it to every man's
oonsideratton ; it would grieve a man, 1 confess
itis a little hard ; yet be it as God pleases, I
have entirely resigned myself to his will. And
now I will tell yon all that I have loved in the
worid. Next to God and his holy precepts,
I have loved my neighbour till the late
misfortune befell me ; I have ever had a
great fancy to travel, and from a child
have had inclinations to be a soldier, which
desire, ' as that of travelling, hath yet much'
which our redeemer bore, and without any /decreased with time. A courtier's Kfe I
XXIII. I had almost forgotten the common
Boktiery, which I would not willingly do, for
theie is great philosophy to be found among
never much affocted, because the court is ge-
nerally croudedwith asortof pditicians, which
are no better than dissemblers. A leaned and
experienced man I always had a very great es-
teem for whether he were rich or poor ; for I
have met with both sorts^. Lastly, I have
had a peculiar love for three things, yet have
been most miserably cheated by them ; yea
these three were instruments, I made use of,
that day I came into the late misfortnne. I
thought I had an excellent friend in the captain,
but have been sadly deceived in him, and se-
duced by him, that is one thing. Secondly, I
have been no hater of women, and here also I
have been cheated. I have also had a great
love for hoi-ses, and when that late misfortuna
began, was upon the back of One.
Let every pious christian take a view of the
world, let him love nothing, that is in the
worid, but God alone ; let him do no wrong ;
nay, let him not permit another person to do
that which he can hinder, especially where the
poor and metiner sort are concerned ; and ho
Aem, i. e. There is nothing in the worid, but that is rich, let him look to it, that he may
you may find it among soldiers ; you find
Named and unlearned, good and bad, holy and
profligate men, you find some who really aim
at the kingdom of God, and others who suffer
themselves to be blinded by the devil, and live
iceonliiig to his will ; nay many stranrrers
which no man knows who they are ; one tears
God, another bhwpbeines him': In a word, yon
have among the soldiers pious, and impious
* This is part of a Spiritual Hymn used in the
LatheranChmcb.
communicate to the poor heartily ; and let him
do the same to the sick, and to distressed fo-
mtlies, and to strangers. The reoompence God
will give, who is so far fh>m forgetting such
works, that he will reward them a hundred
fold. Grieve no man who is already grieved,
for it is sinful. Rejoice not over any man's mis*
fortune', for before a day be past yon may come
to some sad accident. Take heed you do not
spei^k ill i»f God ; and take no folse oath.
\ esterday I was at the last sermon which I
am hke to hear in this world ; the preacher wm
. 1
115} STATE TRIAIS, 34 Chaubs U. \6%^.^JHd 0f Ctwt C^nk^mm-k [^liCr
an ]SiiffluAim9&» and &• doctor of iMmtyt bui
name Hurnet ; and I can take God to witness,
that in this seitnon my sinful heart was Ofenf/Bd^
and rteei^ed great comfort from it. The i9xA
was as follows ; ^' Christ Jesu^ came 90t to
call the righteous, bu^ sinners to repentance."
.0 joy above ail joy 1 O oomfortaUe promise \
sw^t recreation of my soult Nay, nothing
can be found, that tends more to a poor sinner's
comfort, than this comfortable promise. If
therefore Christ J jsus came into the worU to
a^re sinnens ; without doubt be is come for my
sake too. Therefore, O my sins, why do ye
trouble me? Jesus Christ is h^re, who will
take you away from me- Sing and r^oice, O
ngr soul, with Jaooli, Gep. loqai. 10. ** I am
less than the least of thy mercies, and the truth
thou hast shewn uatp thy servant. '' With
David we wills^y, 8 Sam. yii. 19. '^ What am
I. Lord, and what is my fisilher's house, that
thou ha^ brought me thus far ?'* With the
Virgin Mary, we will ^ay, Luke i. 47. ** My
Sfkulmagmne&the Lord, and my spirit bath re-
joiced in the God of my salvation ; for he bath
done great thmgs for me, and holy is his
name."
And here y« great commanded, give me
kaye to. ]Aressqit you with this humble. suppli-
cation, tbat you would not take it ill, because
this writing come^ to you in a homehr atile,
yet it is penned with a good kiteot, and that is
enough. Because I am neither divine, nor
phik>so|>ber, but have hy 1>rafession been a
soldier, I hav^e written thbgs m. very course
language; yet 1 hope no pioqs man will think .
ill ^ it. I have written nothing hut what i
have seen with mine own eyes ; i grant, you
are not all sueh persons, as my writing seems
t9 make out, yet, must ooni^ss, that I have
knqwn abnndanpe of such, but wiU not call
them by tj^ieir . names. I ain sorry I have seen
so much, and have nut esdieHed that evil^
which l^th aK Isutt brought me to shame before
the world.
XXIV. I ^all in toe la^jkiffooe, briefly ac-
qaaint you with my coi^-ae of Mfe. About HJ
yters ago, oiy father of blessed memory,
sent me out of Swedekmd to Gennanland,
where for twa years tog^er I went to school.
Two yeaii; alter that came the Muscovites,
which ol^liged us to fly back toSwedeland.
M)ou^ 33 yeatfrs ^o, I teft Sweden, and went
towards jpomerania, wheie I served the elector
of Biiuidenburg a quarter of a year; from
tli^nce I went through Poland towards the
German emperor's domiqions. From Bohemia
1 travelled mto tl^e NetherlaadB, from thence
iqito Fi'ance; from France again into die
^•therla^ds with the army: After the peace, I
went bac^ to Bohemia, Austm, and Hungary,
and ailer that again to the Netherlands, where
I iitayed Q yetuit, from thence 1 vn^nt farther,
ta Uollaud, Denmark, Sweden, Poland, and
then to Ilolstein, which was m the year 31.
Duriug tliese S3 years, I have been a Papist
1^ years, because I was commonly all that
limn i^ Popiah lointoiMis htK m QobttiA in
the year 81, I turned again to the Lnthemit
relupton, in which I was bom, and bajUi^ed*
andin that, God willing, I mean to die. i
could no longer hear vriui the Popish religiofi^
because of toeur many saifits and intercessor.
There is no relimon, comas nearer to mifi^^
than that of the Protestants in England ; Go4
grant they may Uve in peace with the Calvinista
to prevent quarrels, and in opposition to th^
Papists.
Ah ! my dear Jesua, look upon me with tb^
eyes of thy mercv, and chasten me not ne-
cording to my desert. I firmly hope, thou
wilt not dismiss my broken contrite heart with-
out a blessing, the rather, because thou didst be*
speak the poor thief upon the cross, with tbes^-
comfortable words; This day thou shalt b«
with me in Paradise. O Jesu! let me also
hear this word, and my soul will be safo. t
will not cease praying to the very last, and to
say. Lord Jesu, into thy hands I commemi
ray spirit. These shall l!e my last words, and
when I can speak no more, O Lord Jesu, thou
wiH accept of my sighs, for I believe that thou
earnest intotlie world to save sinaei's, of whom
1 am chief. Now, Lord Jesu, strengthen m^
in all my sufferings. Thou sayest. Come to
me all ye who aji*e weaxy ana heavy ladea,
and I w ill refresh you. In this faith, at thy
command, 1 4w» come, hut altogether unwortk^^
Lord Jesu, heal thou me, tor thou art um
true physician of souls. Vea, Lord Jfsn, i
confess, that at present I feel great reJwh-
ment in my sinful heart. I am as an anned
man, who ^ues against his enen^y, and wUH
not draw back one sk^ hut fight ooun^c^ualy.
Now, u\y Lord Jesu, thou hast armed me witb.
a steUia^ I'aitli, and confidence in thee. Grant
me, Lord Jesu, that I may be thankful for tluA
great mercv and goodness; let me wrestl#
boldly, and press through Kfe and death.
Hallehijah.
Let me say, Ijord Jesu, with St. Paul, If
God be for us, who can be against us. Niiy,
he hath not spared his own Son, but K yy h
given him for our sms. Who wiU accuse tba
elect of God ? It is God that justifies, who
will condemn? It is Christ that died, who
sits at the riffht hand of God and iatoraedes for '
us. Who snail separate us from the k)ve of
God P shall trouble, shall anguish, sha^l perw
secutioo, shall hunger, ahall nakedness, mJl
peril, or the sword ? i^ it is written hy David,
Psal. 18, 28. '' The Lord make my daskMSi
light ; and the blood of Jesus Christ wa^h bm
and purify me from all my sins.*' Amm^
Jesu. Amen, Ai^en.
Whatever state or dignity a true ChriiliMt
is of , lie must not make light of pi«yer,or
tliiok, 1 can pray to morrow, and this businean
1 nmst do to day. Ah! Chriatianj let thy
bnsiness be rather laid aside, except thy foUoir •
christian should be in the pangs o(f death, or
thy house shoukl be on fii«, for these thinga
may cause more thah ordinary trouble. Ne»
elect not the service of God, O my ann, nor tht
festivals of th« duirch, for X mi. vik, '
c
«
«
lirj STATE TRIALS, te CHAMEi !!. l68«.-.BjHr<*Ur#,>r JHkrefer. tnS
wmiW gtre fcjm 3 or 400 dollars f I said, I
knew none : Hereupofn he g&t fbut bmce of
pistols, three little ones, and one brace of great
ones. The ereat ones, and one brace of little
ones, he h^ by him before, and two lonjf
swwxls ; and then said, Now he is a dead man.
He prayed xne to cause two poniards to be made,
wheredr he gave nje the di-aiightj but I wouW
not do it. And now he had a mind to draw
in a great miny niore. At last I had a Tcry
strange ominous di-eam. He saw I was
musing, and then asked roe, what I ailed ? I
told him ( and he laughed, spying. There waa
no heed to be given to dreams ; yet the dream
proved too true. Now, I saw, he was resolved
to kill him ; wlien therefore he importoned ifie
to engage more men in the business ; 1 told
him. What ean you do with so many people,
cannot you take tnree horses, ^'ou will have osi6
for no more ? Hereupon he fetched out money,
and on the Friday befbre the murder was done,
he bought three horses. On l^nday follotving
he told me, I shall get a brave fellow, (that wa}
the miserable Polonian) who came to town on
Friday, and the 9undiiy ^fter he killed the
gentleman, (according to order from his master,
and you know who his master was) mvself
being, then alas ! in the company. Half Hn
hour past Ibur, the gentleman went ))y in hw
chariot before our window. Thereupon wo
went for tlie horses, and afterwards rid toward
the Palhnall, where we met the genfleman in
his chariot, I Hd before the coadi, die captain
went close by it, and then cried, Hold, an^
shewed the Polonian the man in the coach ;
who thereupon gave fire, and shot four or five
bullets into his Body. They say, he lived tiU
next morning, and then died. On Monday
following we were all taken prisoners, and
must now die too ; we have yet four days to
live : The great God pardon us this sin, for
Christ his siOce. Amen. For I repent from the
bottom of my heart, that in my old affe, to
which I was advanced with honour, 1 snould
come to this disaster : but it^s done, and cannot
be remedied. It is written, The days of our
years are few, and when we come to our best
age, it is theu but labour and sorrow.
Mefnorandum,']The\etter, the captain shetv-
ed me one day, was to this pnrpo.se : 1 hav4
given Captain Vratz ihU commission to dis-
pose of the places of captain or lieute-
nant, to whomsoever he shall find capable of
it. So far I read the letter, five lines lower
stood these words, 600 Dollars, which was not
the captain's band, or writing, it ^as hig(
Dutch. 1 seeing the letter threw it dotvn upon
the table, but he nut it up, and underneath, tha
letter was signed, Coningsmark. Thus much
I saw, but made no further reflectimis upon th^
letter, because, God knows, I was bhnded.
Another Memorandum, I have forgot in the
p&pers, which after my death are like to be
paMished, viz. It bath been twice in mf
thoughts, when capt. Vratz was in Hollami, ta
go and tell Mr. Thynn, what the ca^f*"**
mtauied agaxmthhn, but i stitt fbrsr^
wa be ihe eflect of that nwlect. In a word,
■idiiDgr ^onkl have so much of your care, as
ike exercise of prayer, and goin|F to the bou^e
rf God, where you must not sit idle, but work
ia the vineyard, that you may receive your
MniT. which the lord of the vineyard will at
hu give. Consider this, for Christ his &ake.
Amen, Amen. Aly sweet Jesus. Amen.
XXV. And now I will let von know how
I came to that late misfhrtune here in London.
Aftont the «ad of October last I came to Lon-
daa, and lodged in the city, near the Royal
Exchange in Broad-street, m the Dutch ordi-
nary, at the sign of the City of Amsterdaip.
When I hat) be«i there a month, a gentleman
came to lodge there, who calleil himself Val-
fi^s, but his name i» Tratz : He and I b^n
Id be acquainted: at la«t he told me he had a
request to me ; to whom I replied, Tliat to the
iitpaosat of my power he might command me. To
thin he said he had a quarrel with a gentleman,
and desired me to be his second. I told him,
without any consideration, I Tt^ould. A fort-
nigfat after he told me. That it was good living
thereabouts ; and if I would take liTodglng in
diat |>laoe, during the four weeks, he should
atay in London, he would pay forme. Here-
vpoo he took four servants, sometimes he was
lor manymg, sometimes for fighting ; and if
be eoPoM get one, who would kni the gentle-
man, he said, he would give him 900, nay
300 dollars. There it rested for a while. Hfc
dismissed two of his servants, and was going for
France, or • BoUand. The two servants con-
tinued without places. Six days after, I took
leave of my aoonaiotBaee ; and after my things
bad been Xwo .davs on shipboard, I went to the
I^nberan chur<», where I received a letter
ftom capt Vratz. O unhappy letter! The
cnnCentAwere as f<^W6:
* St ; I am sorry I could not have the ho-
Boar to take my leave of you ; but be it all to
vour advantage. I am going for France, yet
nave not as yet a certain commission. In
the mean while ha pleased to continue, either
at Mr. Blocks, or in the city of Amsterdam,
wbere I will apt tail to pay for all. lam,
your obliged servant, Ds Vbatz, alias De
Vaujchs.
After I bad read this unhappy letter, I
efaanged my resolution, and stayed here and
fetched my brings from the ship, and went to
lodge in blackmore-street. About 10 weeks
afttf he returns to London, sends for me, and I
cane ; and himaelf took a !odgtm>: in West-
minster, vrbere I was with him ; and the count
lunseif lay one night in the captaitiV and my
iodgii^. ^e cs^tain then asked me, how
Tbyan M? I toM him, I could not tell, for
I fatd never seen him . Thereupon he told me,
Innst.aee natr, bow to order it, that i may
eome at bitn, if I eouM get but some stout
gg^..-.— «D& yon know no Frenchmen about
tffWB or wtMSt other people there tsf I said, I
iMoid see. Then be added ; Could not one
fat an ltnliftt>9 ^"^^ ttigbt <fopnteh- hitOf I
% 19] STATE TRIALS, 54 €iuRle» II. J fi8«.— TrW of Cmmi dmmgmmtrk [1 2^
I desira tlie doctor, in case any thing of the i
tui{ytam's writings should come abroad, to com-
pare what he sai£h with my confessionft, and to
consider tine with the other. Give unto Caesar
the tbimps that are Cet^r's, and imto God the
things that are GodS. I hoiie I shall go with
the pubUcan into the temple of God : I am a
great sinner, yet God's mercy is greater,
wherein I trust ; nor will Christ therefore re-
fuse a soul, though the body is banged up by
the world. iMy lords, ye judges, I do wish you
all happiness, 1 confess you have a weighty of-
fice, God give you his grace, that you may
neither add to, nor diminish from a cause.
You have seen how I exposed all 'my failings,
and that openly, to God, and to the whole world,
because others may take warning by me, whom
1 leave behind me m the world, ibeg of God,
that people may consider this my poor writing,
the effect of the assistance of God's spirit, and
the desir^ of a pious soul.
The captain desired me, that I would cause
tivo daggers to be made, because at first it was
resolveu, we should fall upon Mr. Tliynn on
foot ; and he would have bad some Italian or
another, to thrust them into Mr. Tbynn's
^y > yet I neither looked out for a man fit
for that purpose, nor would I cause those dag-
fcrs to be made. The musquetoon, or the gun,
fetched indeed ; but it m as 6ut of a house,
which the captain described to roe. The holy
passion of Jesiis Christ preserve me ; the inno-
cent blood of our Lord strengthen roe ; the
pure blood that flowed from his side, wash me ;
the great pain of Jesus Christ heal nic, and
take away the deadly wounds of my soul.
O bountiful Jesus, hear me ; hide me in thy
holy ^>ounds : From thy compassionate heart,
let there flow into ray wicked heart, mercy,
comfort, strength, and pardon of all my sins.
My Lord, and my God, if I have but thy
most holy passion and death in ray soul, neither
heaven nor earth can hurt me. O Jesus! I
ercep into thy gapine^ wounds, there 1 shall be
secure until the wratn of God be over past. O
Xiord, let me alwaj s adhere to tliee ; keep off
li'om me all the assaults of Satan in the hour of
my death. O my dearest Lord Jesus, who bast
spoke comfoitably to the penitent sinner on the
cross, cull to my dylner heart, and speak com-
fort and consolution to It ; assist me, that in my
last necessity, througrh i\ry help, I may happi-,
)y overcome ; and v^en I can speak no more,
accept of my si<^l)S in mercy, and let me con-
tinue on heir of eternal happiness, forihe sake
of .tliy most holy blood, which thou hast shed
for me. Amen. Lord Jesu Christ, my lord
and Saviour. Amen. Amen.
O Jesu, receive my poor soul into thy hands,
then shall I die thy sen'ant. My soul I com-
mend to thee, and then I shall feel no pain nor
sorrow. Amen. Amen. Amen.
Tlvese ejaculations are parts of such spiilt'ual
aonofs, as are oaually &ung in the .LtilheFaft^
Churches.
^ My wants and my necessities
^*^ Je«us, I entrust wiOi U
thee.
Let thy good will protect me Lord,
And what's most wholesome, grant thou nxe^
3. Christ is my life, death is my gain,
If God be for me, I am safe.
3. My I-iOrd, my God, O pity me,
With free, with undeserved Grace !
O ! think not on my grievous sins.
And how I have denied my soul.
When in my youthful days I err'd.
Against thee Lord, thee hare I mnnM ;
Sinn'd then, and do sin every day :
Thee I intreat through Christ 1 mean.
Who was incarnate for my sins.
4. Consider not Lord Jesus Christ,
How heinous my transgressions are ;
Let not thy precious name, O Lord,
Be lost on this unworthy wretch.
Thou'rt called a Saviour, so thou art
With mercy Lord, look on my soul.
And make thy mercy sweet to me ;
Sweet, Lord, to all eternity.
5. Almighty Jesus, son of God,
Who hast q>peased th v father's wrath :
I bide myself within thy wounds ;
Thou, thou, my only comfort art.
Amen, thou art, so let it be :
Give to my faith, give greater strength ;
And taike from me all doubts away ; .
What I have pcay'd for, give me Lord.
In thy great name mv soul hath pray 'd ;
And now her joyful Amen sings.
Ask, and ye shall have.
THE CONFESSION
OF
GEORGE BORODZYCZ,
The Polonian, signed with his own Hand us
Prison, before bis Execution.
I Geoige Borodzycz, do here, in few words,
intend to make known to the world, how 1 earae
into the service of count Coningsmark. About
eighteen months ago, I was recommended, by
letters to the quat&p-master general Kemp at
Staden ; and from thence | was to be sent to
the count at Tangier ; but by reason of the
hard winter, I was slopt, for the ship in which
I was to go, stuck in tue ieetn the river Elbe ;
this made me stay till fucther order. In March
last, I received a letter, which ordered me to
go and stay in. a manor belonging to the
count in the bishoprick of Bi-emen, and there
expect new orders from the count. At last I
received a letter, with onlers, to come by land
for lilolknd ; but destitujte of an opportunity, I
staid till the 18th of November, 1681. And
then new orders came, that I should come for
England to tlie count's brother, where I should
fe^ horses, and convey them to Stras^uigh.
And accordiiigly I left Uambur gh the 24th of
December, 1681, and was at sea till tlie 4th of
February, 1683. When I came to London,
I lay the first night in the city, hanl by the
•Royal Exchange, at one Blocks; and from
thence I was conduct*^ to the count's brolber,
and from thence to the count himself, who wss
to ^ my master ; When I csme to him, capt
itt) STATE TRIALS, S4 CiLuaBS th l662.^M<i Man, for Murisr. [122
Fiatz beiog^ with him, my lord ttld me, I^
iboHiii be with CApt. Viuts three days, tiU|hi9,
I. e. the oonnt's faBange and goods be had on
ikipboord, came. Whereapon the eaptsm sakl
he wouU send his mao lor me neict day, which
was 8mida]j', which he did aocordingl^f^. I
weat with his man, and my lord diarged me, I
should do what oapt Vrata should oraer me to
do. I went thereupon to my. chamber/ and
ssid the Lord's Prayer. On Sunday, about
one of the dock, came op the eaptstn's man
ftr me, and brought me to the captain.
WheQ I saw him, hetold me; << It is weU yon
are come, ihr I have a quarrel with an^n^ish
gentleman ; I did finrmerly send him. two cbal-
K^ges, but he answered mem not ; whereupon
eoont Coningsmark and myself went forFrance;
but that gentleman sent six fellows after us who
were to kill the count and me. Accordingly
they came on us, the count received two
wounds, we killed two of them, and I am now
eotne hither to attack that gentleman in the
open stieelB as a murderer ; and as he hath
begun, so I will make an end of it. " Whereupon
lie gaTe me the gun, which I Should make
use of to kill him. When hereupon I pleaded
with capt. Vratz, and shewed myself unwilling,
saying, that if we were taken, we should come
to a very ill end. He answered, I need not
trouble myself about that, if we should be taken
sruoners, it was be that must suffer for it, not
1 ; and for my service, he would recommend
me to count Coningsipark ; whereupon I
thought with myself^ that it might be hei-e as it
is in Poland, viz. Where a servant doth a
thmg by his master's order, the roaster is to
su/l& for it, and not the servant.
We i« cnt therefore soon after for our horses,
and rid tot^-ard the Pallmall. The captain told
me, I will stop the coach, and do you fire upon
ihe gentleman ; which was done accordingly.
Lord have mercy upon me,
I am beortiK sorry, that my honest parents
n«st receire tnis unwelcome news of me ; the
jifan^hty Goil take care of my soul. I have
gieat confidence in Almighty Crod, and know
Sttthehath offered bis iiten upon the cross,
for the sins of all mankind. Therefore I be-
here, that satisfaction was also made for my
atos ; and in this ftith, in the name of God, I
will die. Lord Jesu give me a happy end, for
tby bitter death and passion sake. Amen.
What pity it is, that I should be about the
space of jwven weeks upon the sea, betwijct
Hanfbnrgh and London, and in great danger
d&y and night, and yet should fall at last into
this unexpected mi^fortdne ! I can bear wit-
ness, witn a good conscience, t)iat I knew
aotbiog of the bnsiiiess aforehand t The great
God pardon those men that have brought me
10 thK fall ; God keep every mother's child
frDiD ail such disasters, for Christ his sake,
inm.
4od I/Jceire the doctor to pray for me, and
to let all the world know my innocence after
IliD dead, that men may see and fear. .
Gborge BonosKT.
PonVGttlFT.
The fieutenant did ofWn desire that their
examinations before the justices of peace might
be published with their other papers ; for then by
the questions put to them, all particuUrB weit
brought to their remembiance, which in the
condition in which they were, they could, not
otherwise recollect so orderiy ; and both he
and (he Polander did always refer themselvei
to those examinations, and to the last averred
the truth of them in every particular ; there^
fore it vras thought necessary to publish them
together vrith their other contessioos. ^
THE EXAMINATION
OF
LIEUTENANT JOHN OTERN,
Taken before Sir John Reresby, baronet,
and WiUiam Bridgman, esq. ; two of his
Majesty's Justices of the Peace of the
county of Middlesex, Feb. 17, 1682.
This examinate saith that seven months age
he .came into England, and lodged at ^
Amsterdam Ordinary. That about five Weeka
after captain Vratz came and lodged in the
next room to him, and in a few days made an
acquaintance with him, and said to him, It is
dear living here, but as long as I stay it shafl
cost vou nothing. This place is dear, 1 will go
and fodge at another place. Acx»rdingly they
went to an house in St. Nicolas lane, where
the captain paid for him. Tbat the captain
told hira, he had a quarrel with a gentleman
with whom he would nght, and that be wanted
a good servant or two. That abgut l4 days
alter the captain went out one morning, saying
he woulci return in the afternoon, but that he
sent for his bdots, and came not again ; that a
certain taylor, who wrought for me captain,
came and discharged the lodgings. That the
Sunday following he received a letter from the
captain, excusing his going away, and saying
be would return in eight days/ but he came
not in nine or ten weeks, that in the said letter
ihe captain directed him to go and lodge at the
Amsterdam Ordinary, or one Back's, saying
he would defray his charges. That the captain
came to town again a clay or two after the
Morocco ambassador had been to see the
gfuards in Hyde Park. That the examinate thea
meeting the abovementioned taylor (who is now
prisoner) with the captain's sword, which be
knew, the taylor told him the captain de^red
he would . come and see biro ; that be accord-
ingly went, but nothing past between them
then of any moment. That the next day the
captain came to him, and began to disconrsa
again about his quarrel, repeating that he
wanted a good .servant -or two, for he would
fight. That about 9 or 10 days affo the captaia
told him he should have a goou servant sud«
denly ; and that if he this examinate would
assist him the captain, he would make his
fortune. That the captain gave him money t»
buy a musquetoon, which he did accpi^ingly*
That this day sevennight the captam boi^^
U$] STATE TRIALS, UCuamlUb II. t68t««^rrM/ of Cemi Omingturk [IM
three hones, aad the tey after said to this ^
•tamitttfte, I ttiust h«t«tlie rOgfHe tiow. Next
day hem^ Saiiday about noon, ithen the P6-
Ibddfer catbe th« caMam said to this enmiitate,
Mttw I hat« got a bftt^« M<m$ and bo liie
captain went to the Polander into anotheir hmmh,
•M wheii ha oasie buk to this ^EaitoiiMtie, he
•aid lobiiB) this Is « bntve lUloir mdeed* f<rr
lie says thoae that will Hot fi^ht must be killed.
That ailer dinner Uie oaptain s^nt out one oT
hte s^hii^ants to know whether the gentliniiftii
Wkh whom be had a i^ar^el, went out, that
the serraat kought word he was gone out,
whereupon the captain put on hisMoto, and
cent this eKaninotefor two horses, t6 be brought
to the Bladk Bull in Holbom ; soon ailer which
another person brought a third horse, and then
the captain, the jPolander, and this examinate
got on horseback, and went towards Charing-
otoss, and hanng gone ftirther in the PaUmdl,
this examinate bein^ about ten yards behind the
coach (which he had met apd passed) heard the
captain say stop or halt to the coecfatnan, and
presently heard a shot, and saw tiie fire, upon
which, he turned abaut, and saw the other two
persons ride away whom he followed*
The examinate bemg gone out of the Toom)
and desirioff to be brought in agiin, forther
paid, that &e captain hath often told him, that
he would giro two, Uiree, or ftur hnndrad
crowns to £md a man to kill Mr. Thynn.
His further EXAMINATION, taken the igth
of February, 1688.
Hesaitli that he had it in his thoughts twice
la go to Mr. Thjrnn and acquaint him that to
^ cafytain was resolved to kUl him. That the
' captain desired him to get an Italian that
would 9tab a man, and that he this examinalc
would get two poniards made : and aakinff the
captain bow he would have them tMule r the
captain took pen, ink, and paper, and made a
drought of them, adding that if he could find
. sUoh an Italian, he would ^Te him three or
fsnr hmnlred erowns, that tbis^ was before the
Polottder came over. l%at upon the same day
when the muider was committed, the captain
hid him charge the musauetoon with fifteen
boUets, whereupon he repued, that then they
ahauM kill the footmen, and aU about the
coach; the captain answered, it matters not
lor that. That this examinate charged two
pistols »one, hut put only *five or aix hnllets
m the muaywLtnon. That some cf the baUeis
were wrspt op in rags, with roain powdered,
which Wovkl bnm. That he heard the cap-
tain cay (as he tbkks to the PoUmderUfaflit if
tiw dove ot*Nonnioutfi were with Mr. Thynn,
■dthing HivBt he done. That the capaain told
hbs, ? he would assist him in this hnsineas,
he wccM pTtwuK Um the oommand of a com -
Ky . That he sitting one day melanehdy by
mMt the oaptain came to him, and aaked
himwhsEthasiMd? W heieup on this€inroinaa;e
■aid, that he had dreamed that four dogadid
1«t hias, hot that two were chaiiiad, and the
HTOmght hohl «f ^; upo^ which Ihe
eaptahi steiied oonoemed, but presentfy
pMcked out a letter which Was signed Conmgc-*
mai^ m which was eaipresaed that the count
gnre the teptain fnll poWr to dispoae of tii«
captain.'ti««ftenant*s place of his regmiettt, say-
hiff at the same thne (Ibis .^caminate not beim^
Wtftingto receive the letter at Ifirst), What do
yon Imnk I Would he one of the dogs to bite
MT deeelte you f That he afleruards saw Co*
wante the end of the letter the figures of ^MM>
(which he thinles was to expt«to rilt dollars)
Imt what they concerned or rehited to, he
knows not, for being he had seen the power
to dispose o( the coffipany, he read no fhrther.
JoH^i ReR£SBT.
WnxUM BUDGMAM.
kai*
THE EXAMINATION
OF
GEORGE ^OROSKY,
A Polaiider, the 17th of February, 1683, before
Sir J. Reresby, bait., and William Bridg-
man, esq., two of his Majesty^s Justices ^f
the Peace for the county of Middlesex.
Who saith, That he came into England by
the desire of count Coningsmaric, (expreMea
Id him by his merchant] at HBmbui;^h) hot
knew not for what cause ; but afU»> he came,
eottUt Coningsmark told him on Satniday the
11th instant, that he had a quarrel witn an
Eqglish geiMlemaa that had set six persotts
upon him upon the road, in which conflict he
was wounded, and two of the assailants weie
killed. Therefore since the said Mr. Thynn
did attempt for to kill him, he would make afk
end of it. He further said, to morrow will
come a certain sertant to conduct yon to the
oaptain, and what he bids you to do, that yoti
are to obeerre. That a person oanfO on Sun-
day morning about 11 o'clock accordingly, anQ
carried him to another house, where he found
the person that conveyed him to tlie captain,
who toM him that he mi^ do what he hid hhn
to do, giving him a muequetoon, a case cf nislak
and a packet pistol, he having a sword before
riven him by the count ; and the captain fifr*
nier added, repeating k five or six times, wheh
we ^ out together, if I stop a coach, do yon
fire inlo it, and then follow me. They accord*
ingfly took horse, amd when they itaet the
OMch, Ihe oaptain having a pistol in his hand,
cried la the coach, hold, and at the same time
bid this examinate fire, which he #1 accordiiM^
ly . That he being finther examined as to Mr.
Hanson's knowing any thing of this matter,
he saith he dodi not know that he doth. That
as to the arms, there was a blundeihnss, two
swords, two psff of pistols, three pocket pietoh,
two pair of boots tied up together in a land of
sea-bed, and dehvcired to l>r. Dnbsnrfin a
German dociar, who reoeived them at his ow^
house, Jtmn Reuksby
William Bmdoiun.
\Vil STATE TRIALS^ 34 Chaum IL 16t%^^'md MiBr$,Jbr Murier. [itS
fiKUABKS on the Trial of Count CoMD^oiikARi:, by Sir Johk
Hawi^e3^ SoUcitor-Geueral in the Beign of King William the
Third.
I ikmk fit t6 remnwifcnr m tfaa ttmc raepD,
AoQgii before tbb time, one oaBe, to Arm kow
tbe coHFta of jv^ice were reniitt m* vioksit,
teeordng to Im mlijeet matter.
All will agree that the mufder of Mr.
Thyme was one of tiie most barinrons and
ioiMHleBt murdem that ever was eommitted ;
iM of tliat murder oonad ComDgsiiark, thoogli
he escaped ponisbmeDt, was the most guilty.
I do not oom[dain that in that trial the chief
joitice direelcd.the piiaoner the way to make
the king^s eoimsel anew tfaecauae or cfaaHenge
aeaittst the penons called on the jury, and
ifafleoged ibr ihe kingr, without asT reason :
It was his duty so to do; and he ouctit to have
diieded Fitmharris the same method which he
did not: but he was Blameabie that he did not
ask the iieutoiabt and Polander what they
had to any for themselTes, which was always
done before and since that time, and ought to
be, which was an injustice; %nd therefore two
of the prisoners at the time of their sentences
flud,tbeyweie never tried, though I beKeve
no gre«t injary to them, because they had
little or nothing to have said for themselves.
But if they liad been asked, they would
have said, as tney did before their trials to ^be
justice of peace who committed them, and as
ifaey ^d aHer their oondemnationfl, that count
Coninesmark put them upon doing what they
did, whidi might have iimiienced the jury to
have found the oount guilly, which was con-
trary to the design of the court ; and it was
ftrthe same reason the chief justice would
not permit the justice of peace to read the
essmination of Stem and'Boroeky.
1 da agree^ that what they said before the jus-
tice of peace was not evidence against the oonnt ;
I agree that the count being imUcted and tried
as aoeeasavy, at the same time, the principals
wcra indicted and tried, tiie principals couM
not be good witness against the count, be-
cause properly a principal ou^t to be opn-
victed before the accessory be tried ; and there-
fore, though for expedition both are ti'ied toge-
ther, yet the verdict always is, and ought to be
given against the principal, before that of the
accessory.
But I deny what was in that trial hud down
ftr law, that tiie aiccessery being in the same
iaSctraent with the principal must be tried at
the sane time. It is tme, the count desired
his trial might be put off for two or three days,
vhieh the court knowing what was best- tor
tbe count denied, and not for the above pre-
teamed reasans; for an indictment against
many may be joint, ^nd yet the trials may be
isferal ^ Ae truth is, in such cases the indict-
SaeBl ia joint and several.
AappMe the neeeasory, at the triah of the
prine^nla, had not bean in custody; wiO any
person say, that if aftetwaids he was taken,
ho canH l»e triad upon that indkstment in which
he was joined with the principals P
Bui basidca a hundred pteoedents not printdl
there is the case of George Salisbury et al< hi
Plowden,^ )00. whete il was lesohod thikl
though an iadietnont against many is jomt^
yet ttie Venire may he senaral against each
person and consequently the trials may be se-
veral ; and, if so, then the times of the toiala
nw^ be several; but that which into be o6qi.
plainedof is, that the count, in the opinion of
allnaankind, at that time andsinee^ was the
most guiHy man ; yettheoare taken to pniush
the less guilty, as Stem and Borosk^, was in
order to let the most ffuflty escape ; lor I think
both Stem and Borosky might, tod would have
been good witnesses against the count, if the
court would have permitted it. The count
might have been indicted as accessory to Vrats
only ; for the accessory to all the principals is
accessory to every of them severally : ana when
the court in their private consciencen were sa-
tisAed the count was most guilty, they ought
to have been cunning, astuti^ as my lord Ho-
bart calls it, to have brought him to punish-
ment. But it was said, Stcra and Boroskjt
being indicted of the same crime with the
oount th^ could not be good witnesses against
him, which I think is no more law than truth :
Truth it wasitot, for the count was indicted a*
accessory, the rest as principal^. But takinr
it that idl were indicted and tried as priqctpaB
for the same fact at the same time, why i$ not'
the evidence of the one good against the other f
First, I think there is no express resolution fhr
that point of law, but a late rule given nl
Kingston assizes upon the tri^l of a nyud aiid
one Saterwaite |br bummg of an boose ^ and
therelbre there is a Uberty to examine hf rea-
son how the law is. I agree if a man is iq-
^cted and tried for kSKng onother, he shall
, not be admitted to say, Bf did it by himself^
but T think he may be a good witness to prove
that he and B. did it ; thaf is to say, he shall
not give any evidence against anotner, which
tends to acquit himself as well as accuse ano-
ther; and I think he m^y give erid^nee whi^^
accuses another of the same crinte wliereof he
is indicted, if it doth not teiid to acqi^ him->
self.
For it is egreed on dl hands, that behi^
guilty of the i^me crime, doth not disahlQ. a
witness ; for then Kumsey ^nd several pi^on^
in the lord Bussers plot, aa it waa called, haff
not been good witnesses. In the ne)[t plaoo,
the circumstance of an indictment against tbO
witnesses for the same thiiK^he testifies againirt
another, do not disable him; Widdrington was ln<
127] STATE TRIALS, 34CHAftLBS tl. l6li2^^Trial of Lord Grey and ctken, [129
dieted for the same thinffs, of which he gare en •
dence against several otners as his complices in
robberies. Nay^tbelaw hath given somewhat
more .credit to the evidence of a person bdicted
as a witness of the same thinffs against others,
than it does to a person not indicfeed ; as in the
casepf an approver, which, as Stamford (S. P.
C. Lib. S. c. 53.) says, was a penon in prison
Siot at large) for the fact for which he was in-
ctod, arraigned upon an indictment, or an
appeal of felony, who before a coroner assigned
hy die court, confesses himsell' gnflty of the
felony of which he is indicted, and not of any
other, and confesses other persons, naming them
as coadjutors with him in committing the crime
of whicii he is indicted, and not <jf any other
crime ; so much credit shall be given to that
confession, that process shall be made out
«ffainst the person impeached, who, if taken,
aball be arraigned on that opproTement, as if
an indictment by a grand jury had been found
against him : and if the law gives so much
credit to an approver, I think no person can
shew me a reason why a person indicted is not
a good witness against pother ibr the ssima
crime.
It is true, Stamford (8. P. C. lib. 2. c. 58.)
says, if the king jg^ves an approver a pardon^
he is a good witness ; which implies, that
otherwise he is not : But it must be considered,
that the reason of that is, that an approver
being indicted, as he always is, and conressihg'
the indictment^ is convicted ; and a person con*
victed of felony cannot be a witness till par-
doned. But it will be no argument why Steam
and Borosky had not been good witnesses
against the count before they were convicted ;
and it was a like piece of justice, that whereas
the count wa^ the moat guilty, he was ac-
quitted.
Vratzbeingthe next greatest offender, was
honourably interred, and Stem and the Pom
lander, who were the least offenders in that
matter, were hanged in chains.
It was somewhat like the new England law,
remembered by Hudibras, (Part 2. Canto S.) of
hanging an useless innocent weaver for aa
useful guilty cobler.
C90. The Trial of Fohd Lord Grey of Werk, Robert Charnock,
Anne Charnock, David Jones, Frances Jones, ai^d Re-
becca Jones, at the KingVBench, for a Misdemeanor, in
debauching the Lady Henrietta Berkeley, Daughter of the
Earl of Berkeley : 34 Charles II. a.d, 1682*
There having been an Information nie-
f erred against the right honourable Ford lord
Grey of W^rk, and others, by his nu^enfy's
attorney -general sir Robert Sawyer, the first
day of this Miohaebnas-Term ; and the lord
Orey having then pleaded to it Not Guilty,
and the other defendants, the like afterward,
and the king's attorney joined issue upon it ;
Tuesday the S 1st of November 16&2, was ap-
{MMnted for trial of this cause ; but it was then
a4ioumed to this day, because one 6f the wit-
nesses fiir the king was not ready ; but this
day it came on about nine in the morning at
the King's- Bench-bar, and hdd till two in the
afternoon, all the judges of the said Court bein^
present : viz. Sir Francis Pemberton, C. J. sir
Thomas Jones, sir William Dolben, and sir
Thomas Raymond.
First, Proclamation was made for silence,
and then for information, if any person could
give any, conoeming the misdemeanor and
offence whereof the defendants stood im-
peached : then the defendants being called,
and appearing, were bid to look to their chal-
lenges, and the jury being all gendemen of the
* See Emlyn's Preface, vol. 1, p. xzxIf, of
ftu9 Collection. 4 Bkdutone's Conunenta-
/ies 0^, and Mr. Christian's Note. 4 Hawk.
Pleas of the Crown, p. 409. 410, 7tli edition,
a Leach, and the books there cited. East's
Cr. chap, il, sect 10, chap. 9, sect, 3.
county of Surrey, were called, challenged and
sworn in this oraef.
CL of Cr, 1. Sir Marmaduke Gresham ; i
Sir Edward Bromfield ; S. Sir Robert Knight-
ley; Sir John Thompson.
Serj. Jefferiet. We challenge him for tha^
king.
Mr. Holt. Then we challenge tauti per
atfaiUy unless the king shew his cause of chd-
lenge ; for by the statute of 24 Ed. 1, the king
cannot challenge without cause.
Seirj. J(^. But by the course of practice, all
the pannel must be called over before the long
shew his cause.
Mr. Attorney Oeneral. (Sir Robert Sawyer)
Before the party can have his challenges al-
lowed, he must shew his cause; but they
must go on with the pannel in the king'^ case,
to see if the jury be full without the persona
challenged, and that is sufficient.
X. C, J. (Sir Francis Pemberton.) If they
challenge any persmi for the kiiu^ , they must
shew cause m due time. For I take the couise
to be, that the king cannot challenge without
cause, but he is not bound to shew his causa
presently ; it is otherwise in d^ case of ano-
ther person.
Serj. J# That hath always been the re-
gular course.
Mr. Holt. Our challenging toutg per availe^
doth set all the rest aside til! cause be shewn.
JLC.J. The statute is, the king shallahev
a
TRIALS,
^ li^^^^J" !i.^u"^**S I n<>"«ble Ford lord Grey of Wei*; Robert
aiKi m^er wrty that they botK Chamock. late of the paVish of sT-BotohA,
flhRll «hew «„«. Aldeate, London, gent Anne Chamock, Wife
of the said Robert Chamock ; David Jones,
of the parish of St. Martin-in-the- Fields, in
the county of Middlesex, raiUiner ; Frances.
Jones, wife of tlie said David ; and Rebecca
Jones, of the same, widow ; for that they
(with divers other evil-disposed persons, to the
said attorney general yet unknown) the 20tk
day of August, .in the 34th year of the reign
of our sovereign k)rd the king that now is, and
divers other days and times, aa well before a^
after, at the parish of Epsom in the county of
SuiTey, falsely, unlawfully, unjustly, and
wickedly, by unlawful and impure wajs and
means, conspiring, contri\ ing, practising, and
intending the final ruin and destruction of tlie
lady Henrietta Berkeley, then a virgin unmar-
ried, within the age of 10 years, and one of the
daughters of the ri^lit honourable George earl
of Berkeley (the said lady HenrietU Be^eley ,
then and there being under the custody, go-
vernment' and education of the aforesaid right
honourable George earl of Berkeley her father)
they the said Ford lord Grey, Robert Char-
nock, Anne Chamock, David Jones, Frances
Jones, and Rebecca Jones, and divers other
persons unknown, then and tliere falsely, un-
Ia\vnUly, and devilishly, to fulfil, perfect, and
bring to effect, tlieup most wicked, impious,
and devilish intentions aforesaid ; the said lady
Henrietta Berkeley, to desert the aforesaid
H. B. ad deferend' prefat' prenobifem G. C B.
patrem pred' Dom' H. et ad Scortac' fornicat*
et adulteiium committend' et in scortat' for-
nicat' et adulter' cum prefat' F. D. G. (eodeni
F. D. G. adtunc et diu antea et adhuc marito
existen' Dom* Marie al* fd' pi«d' prenobir G.
C. B. et sorer' pred' Domine H.) contra omnes
leges tarn divin' quam human* impie nequit*
impure et scandalose vivere et cohabitare tenta-
ver' incitaver' et solUcitaver' et quilibet eorum
tunc et ibidem tentavit incitavit et sollicltavit
Etquod prcd' F. D. G. R. C. &c. ac aP pei-son*
ignot' VI et armis, &c. iUicite injaste sine li-
centia et contra voluntat' preiat' prenobil' G.
C. B. in prosecution' nefandissimar' conspirac'
suar' pred' prefat' Dom' H. B. ibidem circa
horam 12 in nocte pred' 20 diei August' Anno
suprad' apod pred' Pai-och' de E. m Com' S.
the king and another party
challenge, the other pwty shall shew' cause
first.
Mr. Hoi£, My loid» we challenge toutx per
rntaile.
' I^C, J. You must shew a reason lor it then.
Att, Gen. The king shall not be drawn to
■hew his cause, if there be enough in the
pannel besides.
Mr. Williaam. That is to say then, that the
king may choose whom he pleaseth against
the statote.
Seij. j,^^ No, Sff, we desire none but honest
and indiflerent gentlemen to try this cause.
H. C. J. The old challenge is taken away, by
tiiat statute, from the king, < quia non *^sunt
* boni pro Domino Rege,' and therefore if the
long* ^allenge any, he must shew cause, but
it must be in bis time, and not befofe you shew
your's. Let him stand by a-while.
CL jtfCr. John Sandys, esq.
Sag. Jeff, We challenge him for the king.
Mr. HoU. For what cause. Sir?
Serj. Jeff. We ^ill tell you in good time.
CI. ofCr, 4. Sigismund Stiddulph ; John
Weston.
Mr- Weston, My lord, I ani no freeholder.
Mr. Holt. He challenges himself.
i. C. J. WeD, he must be set aside.,
a. cf. Cr. 5. Thomas Vincent ; 6. Philip
Rawleigh ; 7. Robert Gavel; 8. Edward
Bray; 9. Thomas Newton ; 10. JohnHalsey^
11. Thomas Burroughs, and 12. John Petty-
ward. •
CL qfCr, Gentlemen, you of the jury that
are sworn, hearken to your charge.
Surrey a. Sir Robert Sawyer, kt. his ma-
jesty's attorney general, has exhibited an In-
formation* in this Court, against the right ho-
* The Ldtin Indictment runs thus :
Rex vertus Dom' Gray.
Mich. d4 Car. Secundi. Rot. 1.
If. Oood Ford Dom' Gray de Wark R. C.
Duper de, &c. Gen' A. C. Ux' pred' R. C. D.
J. F. J. ux' pred' D. J. et R. I. cum divers'
al' male dispoit' p'son' eidem Attorn' dicti
Dom' Regis nunc general' adhuc incognit' 20
die Augtusti Anno uegni Dom' Caroli secundi
nunc Reg^ Angl*, &c. 34 et divers' aP dieb' . -~^ ^ ^„^„ * «.«^„ «^ «. ^ v^^m „,
et vidbus tam antea quam postea apud Pa- pred' e domo mansional' pred' prenobiP G.
roch' de Epsom in Com' Surr' ialso illicitc C. B. ibidem scitu^t' et existen' et e custod' et
Regimine ejusdem G. C. B. ceper' asportaver'
et abduxer' Et pred' Dom' H. B. a pred' 20
die August! Anno suprad' et continue postea
usque diem exhibition' hujus information apod
Paroch' de E. pred' in Com' pred' et in divers'
locis secret' ibidem cum prefat' F. D. G. illi-
cite nequit' et scandalose vivere cohabitare et
remanere procuraver' et cansaver' et quflibet
eorum procoravit et causavit in Magn' Dei
Omnipotent' displicent' Ad ruin am et destruc-
tion' preiat' D. li. B. et amicor' suorUra tiis-
titiam et disconsolat' in malum st pernitiosvuu
exemplu', ice, Und«, &c, *
K
iapiste et nequissime per illicitas et impuras
Tias et medias conspiran' machinan' practican'
etiatenden' final* ruinam et destruction' Do-
mine Henriet' Berkley tunc Virgin* innunt'
iaSn etatem 18 Annor' et un' iilia' prenobilis
G. Conit' Berkley (eadein Dom' H. B. tunc
et ibidem sub custod' Jl^mine et educat'
wnenobi"
frdDc
J- — « ignot* ^
joste et diabolice ad nequissimas nefandissimas
et diabolicas intention' suas pred' perimplend'
peifidend' et ad effectum redigsod' pred' Dom'
roL IX.
131] STATE TR1AL8, 34 CttAfttE3 II. l68S.— Tria/ 6f Lard Grey and tfthrB, [1 S«
right honouraible George earl of Berkeley,
father of the atbresaid lady Henrietta ; and to
commit whoredom, fornication, and adultery,
«nd in whoredom, fornication, and adultery,
to live with the aforesaid Ford lord Grey (the
6aid Ford lord Grey, then and long before,
and yet, beinj? the husband of the lady Mary,
another dan^ter of the said right honourable
Cicorci'e earl of Berkeley, and sister of the said
lady iTenrietta) ag;ainst*all laws, as trell divine
to nninan, impiously, wickedly, impurely, and
«c&iidalously, to Kvc and cohabit, did tempt,
invite, and solicit, and every of them, then
and there, did tempt, invite, and solicit. And
that th^ aivresaid Ford lord Grey, Robert
Cfaamock, Anne Chamock, David Jones,
Frances Jones, and Rebecca Jones and Olher
persons unknown, with force and arms, &c.
unlawfully, unjustly, and t^ithont the leave,
and a^fainst the will of the afoi>^d right ho*
iiourable Oetfr^ eail of Befketey, in nrosc-
cutron of their most wicked cimspiracies
aforesaid ; the said lady Itenrietta BtHteley,
ihen and there, about tnC hour of t^'elve m
tlie night-time, of the said 20th day of August,
in the year aforesaid, M Ihe afortsaid parish
ff Epsom hi the county of tSftrrey afbresaid,
«nt of the dwefling-house of thfe said right
fcononrable George earl of Berkefry there
iitimte and being, and offt of tlie custod}' and
govcrnnrent of the said carl of Berkeley, did
take, cany, and lead away. And the said
lady Henrietta Berkeley, hotn ihe said 20th
day of Aunpust in the yeJtr aforesaid, and con-
tinually afterwards, onto the day of the exhi-
bition of this information, at the parish of
Ej>som albresaid, in tlie county of Surrey
aforesaid, and in divers secret places there
with the said Ford lord Grey, imlawfully, wick-
edly, and scandalously to live, cohatnt, and
remain, did procure and cause, and every of
them did procure and cause, to the great dis-
pleasure of Almighty God, to the ruin and
destruction of the said lady Henrietta Berke-
ley, to the grief and sorrow of aU her ii-irnds,
and to the evil and most pernicious example of
all others in the like case offciidinsr; and
a^.unst the peace of our Haid 80Ter€;i,Ti lonl the
kin^', his croAvn and dijnjitv. To this infor-
mation, the defendant, ihc lord Grey, and the
other defendants, have Kcverally pleaded Not
Guilty, and for their trial, have put iliemselves
lij)on the country, and the king's attorney like-
wise, Hliich country you are : your chai^' is
tp enquire whether the defendants, or any of
them, are Guilty of the ofl'ence and misde-
meanor whereof they stand impeached by this
informatiou, or not Guilty : if you find tiiem,
or any oftliem, Guihy, jou are to say so ; if
you ftnd fliem or any of them, not Guilty, you
are to say so, and no more, and hear your
evidence.
[For which evidence to come in, proclama-
tion was iiiade, and then Edward ^i^uith, tf^,
a Bt?n(lier ofilie i^Iiddk-Temnle, oiiened the
iHtormaiiou.] .
Mr. Smith, May it nlease y onr lordship, and,
gnitlemen, you of tiie Jury ; Mr. Attorney
eneral hath Exhibited an information in this
court, against Ford lord Grey of Werk,' Ro-
bert Chamock, Anne ChamocK, David Jones^
Frances Jones, and Rebecca Jones, wherein
is set forth. That the defendants, the 90th of
August, in the d4th year of this king, at Ep-
som, in your county, did conspire the ruin and
titter destruction of the lady Henrietta Ber-^
keley, daughter of the right honourabte
George earl of Berkeley ; and for the brin^in^
about this conspiracy, they have ticdncod her
to desert her father's house, thoQgh she be
under tlie age of 18 years, and under the cus-
tody and governmoit of- her fkthfer ; and so-
licited her to commit whoredom and adultery
with rtiy lord Grey, who was before married to
the lady Mary, anothdr danghter of the earl of
Berkeley, and sister to the lady Henrietta.
That alitcr fhey had thus inveigled her, they
did upon the same 30ih day of August, carry
heir away Out of the Ivouse, without the earl^
licence, and against Ims will, to the intent di«
might live an ungodly and dishonourable fife
tViUi my lord Grey. And aftet they had thu»
carried ner away, they obscured her in secret
places, and shifted abottt from place lo ptacc,
and continued this course of life ever since.
And thbtiie infonnation says, is to the dis-
pleasure of Almighty God, the litter roin of
tlie young lady, tne grief and affiictiou of her
fiiends, the evd example of all others in the liktt
case offending, and against the king's peace^
his crown and dignity. To this all thes6 de-
fendaofs have pleaded Not Guilty ; if we shall
prove them, or any of them, Guihy of any of
the matters charged in this information, yon*
shall do well to find them Guihy.
Att. Gen, My lord, and gentlemen of tha
jury, the course of our evidence will be this ;
That this unhappy gentleman my lord Orey^
has for four years togetlser, prosecuted aa
amour with this young lady ; and when it
came to be detected (some little accident dia-
covering somewhat of it) my lady Berkeley
did find there was some bnsiness of an extra-
ordinary nature between tbem, and thereupon
forbid my lord <>rey her house. My lord
Grey he made many pretences to my lady,
that he might come to tt;c house to give them a
visit before he dopartf c, being to go into the
country ; and he takes that opportunity to
settle this matter of conveying the young lady
away in a very short time. And early on the
Sunday rooming, she was, by Chamock, ano-
ther of the defendants, conveyed from die
house of my lord Berkeley at Fpsom, and
brought here to I>oudon. We shall in the
course of our evidence ^^hew how she was
shitleil from place to place, and the nevend
pursuits tluit wero made in search af)iei'her.
We shall discover to you, how she was hur-
ried from one lodging to anotlier, for fear of
dis/w ery. Nay, we shall prove, that my lord
Cirey has owned and confesnf d thnt he had
her, that she was in hL» caie and custody, and
iSS] STATE TRIALS, 3i Ch^ELES II. 1 SS^.-^/or debauciing Luiy H. BerMeif. [ 134
tliat be onmed tbe severel instaooes of his
««wan. But I had rather the evidence should
^eak it, than I open so much as the nature of it.
Sol. Gen. Mv lord, we shall call our wit-
nesses, who win very fully make out thb evi-
dence that 3Ir. Attorney has opened to you.
TTiat my lord- Grey did a long time make love
to this young lady, thoug^h he were before
uianied to her "sister. This treaty was disco-
vered by my lady Berkeley last summer, upon
an accident of surprising the young lady in
writing a letter to my lorf, and thereupon my
lady Berkeley chaigeth my lord Grey with
these applications to her daughter, that did so
moch misbecome him. My lord Grey was
then so sensible of his fault, that he seemed
Tcry foU of penitence, and assured my lady,
he would never do the like again, and earnestly
desired her by all means to conceal it from my
lord Berkeley ; for if this sliould once come
to be known to him^ he and the young lady
would not only he ruined, but it would occa-
sion an irreparable breach between the two
families, and of all friendship between my lord
Beikeley and him. And therefore he desired
n»y lady Berkeley (who had justly forbid him
her boose for this great crime) lest the world
should inquire into tbe causes of it, and so it
should come to be known, tliat his banishment
from her house mi^fat not be so soon or sudden P
But he begs^ed of her ladyship, that he mi^t
be pennitted to nudce one yisit more, and with
fllthe protestations in the world assured her,
it was not ivith any purpose of dishonour,
that he desired to come and see her, but that
bis dmrture might be by degrees, and so the
kw taken notice of. When my lady had thus
char^ my lord with his unwortliy carriage to
hfirfiumily, and he had seemed thus penitent
forit, she chaiges her daughter also, with her
Iping any aDowaaoe to tnese indecent prac-
tices of my lord's ; she thereupon fUls down
on her knees to her mother, to ask her pardon
^ her great offence, and, with tears in her
eyes, confessed she luiid done verv much amiss,
ind did hnnably hope she mignt obtain for-
giveness fbr it, being yotmff, and seduced by
jnylord Grey, and promised she would see
kini no more, nor have aoy thing more to do
with him. Illy lord Grey he is permitted to
come once more to the house, upon those as-
severations andpromii^es of his, tliat it should
be with no dishonourable purposes in the
workL It waA, it seems, in his way to his own
house at Sussex, but coming thither, he takes
to occasion to continue there, and stay a little
^ long for a visit; whereupon my lady
Bertceley began to suspect it was not a transient
visit became to make at her house, but that he
had some ill design in prosecution of tbe same
fiiuH that he bad been so long guilty of.
And that suspicion of her's was but too well
giounded, as appeared afterwards. Our wit-
n«ae8 will tell you, that my lord Grey, just bc-
Xsre his departure, was obscn'ed to be very so-
licitOQs and earnest with his man Cbaruock
(whom we shall prove by undeniable evidence
3
to be tbe man that conveyed her away) giving
him some directions with "great earnestncijs,
what to do was indeed not heard, ^ut the event
win niainly shew it. For my lonl Grey Uiip-
self, ne went on his journey into Sussex, and
lay ^ Guilford that night she was carrietj away,
and the next morning she was missin;^. There-
upon my lady sends after my lord Grey, justly
suspecting hi in to be guilty of tills violence
and outrage oflered to lier'dauglitcr and fe-
ipil^^, and they overtook him at Guilford, be«
fore he was got any further on liis journey, and
there acquaint him the lady was carried away,
and that my lady suspectcdf (as well she might)
he knew whither. Tlien immediately he
makes haste up to town, and writes ray lady a
letter, that truly he would take care to resioivj
peace to tbe family, that by his folly bad been
so much distuii>ed : And there were* some
holies of retrieving the matter, ^hat this scaa-
dal upon so noble a family roigbt not he made
public \ for certainly an ofTcnce of this nature
was not fit should be so, nor indeed was ever
heard of in any Christian society ; I am sure
I never read of jmy such cause in the courts of
law. And it was impossible any way to have
prevented the scandal, but that which my lady
took, to pass over all, by desiring to have her
child restored again to her, before such time as
it was gopje so tar, as there is too gi'eat rea-
son to suspect il now is. But after that, my
lord Grey was so far from performing what lie
had so solemnly promisea, and making the
matter up, that he stood upon terms ; he was
master of the lady, and he >VQ\ild dispose of
her as he thought ^t : Third jiersons and
places must be appointed where* she must b«
disposed of j vrith capitulations, that he should
see her as often as he thought fit ; which was
(if possible) a worse indignity than all that he
baa done betbre.
We shall prove to vour lordship, that he did*
a long time befbre this violence was oficrcil,
make applications to this young lady, and that
must (as any man will believe) be ^pon no
good account. We shall shew all tlie base
transactions in carrying away tlie lady, after
tliat confidence which my lady reposcsj in his
protestations to do nothing dishonoumhly, so
as' to admit him to make a visit; which cer-
tainly was the greatest breach of the vor\' laws
of human society, against all the laws of hos-
pitality, besides the great transgrcssioir of the
laws of God and men. Yet even then, he se-
duced the lady away. For we shall plainly
prove she was carried away by hi« coachman
that once was, afterwards nis gentleman, and
how she was from time to time conveyed ^o
and fro.
Mr. Serj. Jeff. This story is indeed too me-
lancholy to he often repc&tea, tbe evidence had
better tell it : only this one aggravation I would
take notice of, which will he made out in tlie
proof toyou of this matter charged ; and tliat
IS this. That mv lord Grey, after such time us
it was known she was iu nis power, ga\ e one
reason for his not delivering her up, (u^id 1 am
135] STATE TRIALS, 34 Charles II. 1 682.— Tnfl/<>/JLoriGrfyflarfolA«r#, [t36
sorry to see his lordship should think it a rea-
son) he bad inquired how far the law would
eietend in such a case, and that be knew, aud
Could ffive a prec^ent for it (which the wit-
ness will tell you of) that the law could not
reach him ; and that as long as he had i^n
Such a course for obtaining tl^t which was his
greatest pleasure, he would not now part with
cr, but upon such terms, that he might have
Kccess to her when he pleased. To such a
height of confidehce was this gentleman ar-
rived, in tliis barbarous and infamous wicked-
But, as I said, it is a story too black t«
ness.
be aggravated by any thinp^ but by itself; we
shall therefore cq\\ our witnesses, and prove
our fact.
[About this time the lady Henrietta came
into the court, and was set by the table at the
judges feet.]
Earl of Berkeley. My lord, my daughter is
here in court, I desire sne may be restored to
roe.
Seij. Jeffl Pray, my lord Berkeley, give os
leave to go on, it will oe time enough to move
that anon. Swear my lady Berkeley ; (which
was done, but she seemed not able to speak).
Sol. Gen, I perceive my lady is much moved
at the siglit of her daughter. Swear my lady
Arabella tier daughter. (Which was done).*
Serj. Jeff. Pray, mad&m, will you acouaint
my lords the judges, and jury, what you know
concerning the letter ycfa discovered, and how
you came by that discovery ?
Lady Arabella. My mother coming to my
lady liarriett's chamber, and sedng there a pen
wet with ibk, examined her where slic had been
writing. She, in great confusion^told her she
had b^n writing her accompts. My mother
not being satisfied with her answer, commanded
me to search the room. Her maid bcin^r then
in the room, I thought it not so much tor her
honour to do it then. I followed my mother
down to prayers ; after prayers were done, my
mother commanded my lady Haniett to give
me the keys of her closet and her cabinet.
When she gave me the key, she put into my
hands a letter, which was written to my lord
Grey, which was to this effect: * My sister
* Bell did not sus]>ect our being together last
* night, for she did not hear the noise. I pray
* comcagain Sunday or Monday, if the last, 1
* shall be very impatient.'— I suppose my lady
Harriett gave my lord Grey intelligence that
this was tou]>d out ; for my lord Grey sent bis
servant to inc, to acquaint me he desired to
speak with me. When he came in first, she
(J mean my lady Harriett) fell down upon the
ground like a dead ciieature. My lord Grey
took her un, and afterwards told me, said he,
' You see how far it is gone between us 5* and
he declared to me, he bad no love, no consi-
deration for any thing upon earth but for her ;
* I mean dear lady Hen,' said he to me, for
I say it just as he said it. And after this, he
told me, he would be revenged of all the fa-
mily, if tliey did expose her. I told him it
would do us no injury, and I did not value
what he did say ; for my own particular, I de-
fied him and the Devil, and would never keep
counsel in this affair. And afterwards, when
he told me be had no love, no consideratipn for
any thing upon earth but her, I told my Jady
Harriett, * I am very much troubled and amaz-
ed, that you can sit by and hear nay lord
Grey say and declare, he has no love for any
but you, no consideration for any one upon
earth but you, when it so much concerns
my sister ; for my part it stabs me to the
heart, to hear him make this declaration
against my poor sister Grey' [Here she
stout a while. J
Sen. Jeff". Pray go on, madam.
liady Arabella. After this she said nothnig ;
I told her, I suspected my woman bad a hand
in it, and therefore I would turn her away.
This woman, when my lady Harriett ran
away, being charged with it, swore she bad
never carried any letters between them; but
after my mother's coming to London, both
the porter at St. John's, and one Thomas
Plomer accused her that she had sent letters
to Chamock, who was my lord Grey's coach-
man, now bis eentl^man. I told her. then, I
did much wonder, she being my servant, should
convey letters between them without my know-
ing : she then confessed it to me, but withal
she told me, * How could I think there was
< any ill between a brother-in-bw and a sister?*
And upon this she confessed to me she had
sent letters to Charnock, though before she
had forsworn it.
Att. Gen. Madam, have you any thing far-
ther to testify in this cause ? Have you any
matters that you remember more P
Lady Arabella. There is more of it to the
same effect ; but all of it is only to this effect.
L. C. J. My lady Arabella, pray let me ask
you, have you any more to say to this matter?
liftdy Arabella. It is all to this purpose.
Seij! Jeff] Then if you please, madam, to
turn now your face this way towards the gen-
tlemen of tlie jury, who have not heard what
you said, and give them the same relation that
yon gave to the court ; and itny be pleased to
lean over the scat, and expose yourself a little^
and let them have the same story you told be-
fore, and pray tell the time when it was.
[Then she turned her face towards the bar.]
Lady Arabella. It was in July, Sir.
Serj. Jeff. Pray, madam, tell what happened
then.
Lady Arabella . In July last, some time then ,
my mother came into my lady Harriett's
chamber, and seeing a pen wet with ink, she
examined her who she nad been writing td.
She, in ereat confusion told her, she had heen
writing her accompts, but my mother was not
satisfied with that answer. *The sight of my
lord Grey doth put me quite out of countenance
and patience. — [Here she stopped again.]
[My lord Grey was then by the clerks under
the bar, and stood looking veiy stedhotly upom
her.]
—
137] STATE TRIALS, 34 Charles H. i682.— /or detauching Lady H.Serkeky. [15«
L C. J. Pray, my lord Grey, sit down (which
k did). It is not a very extraordinary things,
ftr a witness, in such a cause, to bedash^
Mt of coantenance.
£. Off Berkeley. He woald not, if he were
Ml a Tery impudent barbarous man, look so
eenfidently and impudently upon her.
Serj. Jeff. My lord, I would be rery loth
lode^ otnerwise than becomes me, with a
person of your quality, but indeed this is not
» handsome, and we must desire you to sit
4own. Pray go on, madam.
lisdy Arabella. After this, my mother corn-
Banded me to search my lady l^rriett's room ;
ks maid being then in the room, I thoug^ht it
not s> much lor her honour to do it then. I
fiiUowed my mother down to prayers. After
pfayers were done, my mother ^commanded
my lady Harriett to give me the keys of her
cabinet and of her closet, and when she gave
me the keys, she put a note into my hand,
wbich was to my lord Grey ; and that was to
tibb efiect : * My sister Bell did not Suspect
' oar being toother last night, for she did not
' bear any noise : pray come again Sunday or
' Monday, if the last I shall be very impatient.'
I suppose my lady Harriett gave my lord Grey
imetligence of this, for he sent a servant to tetl
me he desired to speak with me. Upon his
first coming in, my lady Harriett fell upon the
ground like a dead creature, and my lord Grey
took her up, and said, < Now you see how far
* it is gone between us : I love nothing upon
' earth but her ; I mean dear lady Hen,' said
he to me ; « and if you do expose her, I will
* be revenged upon you and all the family, for
*■ I hare no consideration for any thing but
< her.' After that I told him, We defied him,
he could do us no injury; and for my own
particular, I defied him, and the Devil and all
ms woH^ and would not have any thing to do
with sncfa a correspondence. After this, I told
my lady Harriet, I was mach fronbled and
amazed, that she should ^t by and hear my
lord Grey, her brother- in -Uw, say he had no
Goosideration for any thing on earth but her.
* For my part,' said* I, ' Madain, it stabs me to
* the heart, to hear this said against my poor
* sister Gr^.' I told her, I suspected my
woman had an hand in this affair, and there-
five I would put her away. Afterwards, the
same day my lady Harriett ran away, this wo-
man came to me ; and I then told her, * Yon
' have mined her,' and asked her, ' Why
* would you send letters between my lord Grey
* and my lady Harriett?' She denied it, and
swore she never did it, but when we came to
London, the porter of St John's came and ac-
cused her or conyeying letters to Chamock,
my lord Grey's gentleman, formerly his coach-
maa. I then asked her again apout it ; she
tbea acknowledged to me she tad done it.
* Bat, madam,' said she, < how could I think
' there could be any prejudice or iU between a
* broliKr-in-taw and a sister-in-law ?' fbiid I,
' Were not you my ssrvant ? Why did you not
^tdl me? Beaidesy you know we liave all
* reason to hate Chamock for a great many
* things.' This is all I have to say tliat is ma-
terial, all else is to the same effect.
Seij. Jef, Now this matter being thus dis-
covered to the countess of Berkeley, this unfor-
tunate youdg lady's mother ; she sent for my
lord Grey, and we shall tell you what hap-
pened to be discoursed between them two, and
between the lady and her mother, and what
I promises of amendment he made. My lady
Berkeley, pray will you tell what you know. —
[She seemed unable to do it.] She is yery
much discomposed, the sight of her daughter
doth pot her out of order.
Lady Arabella. I have sometliing more to
say, thatis,! told my Uidy Harriett, after my
lord Grey had made bis declaration of his lova
to my sister, to me, that if ever he had the im-
pudence to name her name to me, I would im-
mediately go to ray father, and tell him all
[Then the Countess leaned forward, with her
hood much orer her face.]
Ah. Gen. Pray, my lady Berkeley, com-
pose yourself, and speak as loud as you can.
LaAy Berkeley. When I first discuvsred this
unhappy business, how my son-in law, my
lord Gr^, was in love >vith his sister, 1 sent to
speak with him, and I tuld him he had done
barbarously and basely, and falsely with me,
in having an intrigue with his sister-in-law.
That I looked upon him, next my own son,
as one that was engaged to stand up for the
honour of tnyfamUv, and instead ot that, he
had endeavoured the ruin of my daughter,
and had done worse than if he bad murdered
her, to hold an intrigue with her of criminal
love. He said, he did confess he had been
false, and base, and unworthy to me, but be
desu«d me to consider (and then he shed a
great many tears) what it was that made, him
guiltv, and that made him do it. 1 bid him
speak. He said he was ashamed to tell me,
but I might easily guess. 1 theu said, what ?
Are you indeed in love with your sister-in-
law Y He fell a weeping and said, be was un-
fortunate ; But if 1 made this business public,
and let it to take air (be did not say this to
threaten me, he would not have me to mistake
him) but if I told my lord her father, and his
wife of it, it might make him desperate, and
it might put such thoughts into his wife's
bead, that might be an occasion of parting
them; and that he being desperate, he did not
know what he might do, he might neither con-
sider family, nor relation. 1 told him this would
make him very black in story, though it were
her ruin. He said that was true, but he could
not help it ; he was miserable, and if 1 knew
how miserable, I would pity him : He had the
confidence to tell me that. And tiien be de-
sired, though he said i had no reasion to hear
him, or take any counsel he gave me (and all
this with a great many teai*s) as if he were my
son Dursley, that 1 would keep his secret
* For my lord, if he heard it, would be in a
< great passiob, and possibly, he might not be
< able to contain himself, but let it hasak out
I
139] STkTETRlALi, $4, CukRhZS II l6S2.'-Trial of Lord Grey ^udoiAa-M, [140
*into the world. He maj calTroe rogue aii4
* rascal perhaps in his passion, said he. and I
* should be sorry for it, out that would oe all I
* could do, and what the eril consequence might
* be*, he knew not, and thereftbre it were best to
* conceal it.' And after many words to pacify
me, though nothing indeed could be sumcient
for the injury be had done me ; he gaye it me
as his advice, that I would let my dau|^ht|er Har-
riett go abroad info public places with myself,
and promised, if I did, he would sdways avoid
them. For a young kuly to sit always at home,
he said it would not easily get her out of such
a thing as this. And upon this he said affaih,
he waste go out of town with the D. of M. in
a few days, and being he had beea frequently
in the family before, it would be looked upon as
a \ ery strange thing, that he went away, and
did not appear th^ to take his leave. He
promiseil me, that if for the world's sake, and
for his wife's ^e (that no one might take no-
tice of it) I would let him come there, and sup
before he wetit into the country, he would not
offer any thing, by way of letter or otherwise,
that might give me any ofience. Upon which
I did let him oome, and he came m at nine
o'clock at night, and said, I might very well
look ill upon him, as my daughter also Jid (his
sister Bell) for none else in au the family knew
any thing of the matter but she and 1. After
supper he went away, and the next night he
aent bis page (I think it was) with a letter to me,
be gave it to my woman, and she brought it
to me ; where he says that be would not ^o
opt of town. If your lordship please I wd]
give you the letter— But he said, he feared
mv apprehensions of him would continue.
Tbere is the letter.
X. C. J, Show it my lord Grey, let us see if
he owns or denies it
Lord Grey. Yes, pray do, 1 deny nothing
that 1 have done.
Mr. Just Doiben, Be pleased, madam, to put
it into the court
Att, Gen, It isonly about his keeping away.
X. C. J. Shew it mv lord Grey.
Help. Jeffl With sufimission, my lord, it is
fully proved without that
X. V: X Tlien let the clerk read it, brother.
CL of Crown, There is no direction, that I
see, upon it. It is subscribed Grey.— [Reads.]
** Madam ;
t* After I had waited on' yonr ladyship last
night, sir Thomas Armstrong came from die
D. of M. to acquaint me that he could not pos-
sibly go into Sussex ; so ^t journey is at ad
end. But your ladyship's apprehensions of me
I fear will continue : therefore J send this to
assure you, that my short stay in town diall no
way disturb yourKdyshi|>; it I can contribute
to your quiet, by avoiding all places where I
may possibly see the lady. I hope your lady-
ship will rememl^r the promise you made to
divert her, and pardon me for minding 3rou of
it, sbce it is to no other end that I do so, but that
she may Aot sufCer upon my account; I am
mut if she doth not in your ojpioion^ she never
shall any other way. I wish your ladyship all
the ease that you can desire, and more qoiat
than ever I expect to have. I am with great
devotion, Your ladyship's most humUe, and
obedient servant. Grey.**
Att. Gen, Madam, win you please to go mi
with your evidence.
Lady Arabella, I have one thing more to
say : After this, three or foyr days afler this
ugly business wa*^ found out, I told my lady
Harriett, she was to go to my sister Dursley^s.
She was in a gfreat anger and passion about it,
which made my mother so exasperated against
her, that I was a great while before I g^ m j
mother to ffo near her again.
Seij. Jen. My lady Berkeley, please to go on ?
Lady Berkeley, n'hen I came to my daughter,
(my wretched unkmd daughter, I have been so
kind a mother to her, and would have died ra^
ther, upon the oath I have taken, than have
done this, if there bad been any other way to
reclaim her, and would have done any thing to
have hid. her faults, and died ten times over,
rather than this dishonour should have come
upon my family.) This child of mine, when I-
came up to her, fell into a mat many tears,
and begged my pardon for what she had donv,
uid 9aid, she would never continue any conver-
sation with her brother-in-law any uiore, if I
would forgive her ; and she said all the things
that would make a tender mother bellevt her.
I told her, I did not think it was safe for her to
continue at my house, for fear the world should
discover it, by my lord Grey's not coming tp
our bouse as ne used to do ; and therefore I
would send her to my son's wife, her sister
Dursley, for my lord Grev did seldom or
nev«r lisit diere, and the wond would not takje
notice of it And I thought it better and
safer for her to be there with her sister, than
at home with me. Upon which this ungrau-
cious child wept so bitterly, and b^^^ so
heartily of me that I woiUd not send her away
to her sister's, and told me, it would not l>e
safe for her to be out of the house from me.
She told me, she would obey me in any thing ;,
and said, she would now confess to me, thoogfi
she had denied it before, that she had writ my
lord Grey word that they were discovereq,
whidi was the i-eason he did not come td me
upon the first letter that I sent him to come
and speak with me. And she said so mauy
tender things, that I believed her pemient, and
forfifave her, and had compassion upon her, ^od
tolo her (though she had not deserved so much
from me) she might be quiet (seeing her so
much concerned) I would not tell her sister
Dursley hor fouUs, nor send her thither, ti|l I
bad spokbn with her again. Upon which, sh^,
as I tuought, continuing penitent, I kissed her
in the b^wben she was sick, anl honed that
all this ugly business was over, and 1 should
have no more affliction with her, especially if
my lord removed his family to DurdantjS, wbicli
he did. When we came there, she came iiiti^
my chamber one Sunday morning before I Ha|i
awakci and threw hcrsSf upon her knees^ auii
141] STAfE TRIALS, U Charles Il..l6«e.— /<w deianchin^ Ltdy II. Berkeley. [142
Idssed my band, and cried out, Oh, madam * I
bare oflV^Dded you, I hwe done ifl, I tnil be a
good vhM, ana will never do so again ; I will
break off all correspondence with him, I will
do what you please, any thing that you do
deitre. Then, said I, I hope you will he
happy, and I forgire yon. On ; do not tell my
fether, ^shc said) let not him know my fanlts.
No, said I, I will not tell him ; bat if you will
make a friend of me, 1 desire you will hare no
correspondence with your brotner-in law ; and
^l^oiign you haxe done all this to offend me, I
win treat you as a sister, more l^an as a
danghter, if you will btit use this wicked bro-
ther-in-law as he deserves. I tell you that
youth, and virtue, and honour, is too much to
sacrifice for a base brother-in-law. When she
had done this, she came another day into my
doset and there wept very much, and cryM
oat. Oh, madam 1 it is he, he is the villain that
has undone me, that has ruined me. Why ?
said I, What has he done? Oh! said she, be
hath seduoed me to this. Oh 1 said I, feat no-
tfatoflr, you have done nothin^f, I hope, that is
10, but only barkening to his love. Then I
took her al>out the neck and kissed her, and
endeavoured to comfort her. Oh, madam!
aaid she, I have not deserved this kindness
from you ; hot it is he, he is the villain that
bath undone me : but 1 will do any thing that
you will command me to do ; if he ever send
vae any letter, I will bring it to you unopened ;
but pray do not lell my f^er of my faults. I
promised her I would not, so she would break
off all correspondence with him
Here she swooned, and soon after ivooveKd
on.]
J.'
^Then my lord Grey's wife, my
dangbter Grey, coming down to Durdante, he
was to go to bis own house at Up-Paiic in Sus-
mXy and he writ down to his wiie to come up to
JUmdon. It is possible I may omit some
pazticular things that were done just at such or
such a time, but I speak all I can remember in
general. My lord Gr^, when I spoke to him
<rf'it, told me, he would otey me in any thing ;
if I woukl banish him the house, he womd
never come near it ; bnt (hen he pretended to
advise me like my own «on, that the world
would ti&e notice of it, tliat therefore it would
be better for me to take her abroad with me,
he would aroid all yAfices where she came, but
be diongfat it best ibr her not to be kept too
mocfa at borne, nor he absolutely forbid the
house, but he would by degrees come seldomer,
once in six weeks or two months. But to go
en to my daughter Grey's coming down to
Burdmnts ; he writing to his wife to come up
to London, that he might fl^>eak to her before
he went to his own house at Up-Park; my
dao^ter Grey desired he might come thith'^r,
and It being in his way to St^sex, I writ him
^ord, that believing he was not able to go to
Up-Park in one day from London, he might
eaJl at my lord's house at Durdants, and dine
itare by the way, as calliog in, intending to
Ke at Chiildibrd, fbr it is just the half-way to
Gnddford. ,fle, instead ot* coming to dinner,
came m at nine o'clock at night (I am sure it
was so raocb) (or it was so dark, we could
hardly see the colour of his horses, from my
lord's great gate, to the place where we were
ih the house: And coming at that time of
night, I thought if 1 turned him out of the
house, my lord would wonder at it, and so
woirfd all the family. Therefore 1 was forced^
as 1 then thought, in point of discretion, to let
him lie there that nij^t, which he did ; and he
told me, Madam, i had not come here, but
upon your ladyship's letter, nothing else should
have brought *me : because I was to give him
leave to come, knovring the faults he had com*
ndtted against the honour of our family. Ijpon
which I told him. My lord, I hope you have so
much honour and gencrosnty in yon, after the
promises yon have made me, and the confi«
dcnce ana indulgence I have shewn yon,
that you will give my daughter no letters, and
I will look to her otherwise, that \ou shall
have no conversation witli her. He desired
me to walk up with him into the gallery, and
there he told me he had brouglit no letters,
and would have had me looked in his pocket.
I told him that would be to no purpose, foe
his man Chamock (whom we knew he did not
prefer from being bis coach-man to be his gen-
tleman, but for some extraordinary service he did
him, or he thought he would do him) inigbtbave
letters enough, and we be never the wiser : but T
trusted to his honnar and his Christianity : and I
told him,thitt his going on in any such way would
be her utter ruin. He told me he would not
stay there any longer than the next day ; nay ;
he would be gone immediately if I pleased, and
he sent his coach to London, and had nothing
but horses \eh. But his wife desiring her hus-
band to stay, I had a very hard tadc to go
through, being earnestly pressed, both by her
and my own lord's im|M>rtunities for his staj'.
But my lord Grey, whilst he was tliere, did
entertam me with his passion, he had tlie con-
fidence to do it, and lie^ wished himself the
veriest rake- hell in the world, so be had never
seen her face since he was married. And, said
he, madam, you will always think me a villain
and never liave a good opinion pf me, I shall
be always imfertunate, both in myself, and
your bad opinion of me. Seeing this, I thought
it was time to do something moi*e ; and I told
him that night he sliould stay no longer, be
should be gone ; and his wUe seemed to be
much concerned, and would fain have him stay.
For by this time she began to find out that
there was some disorder in her mother and the
family, though she knew not what it was ; and
she sent her sister Lucy to b^ he might stay
I told her I would not suffer it : however, she
proposed an expedient bow her sister Harriett
should take physic, and keep her chamber
while he was there. That I was in a sort com-
pelled to do, and I told him, upon their impor-
tunity for his stay, that his sister Harriett should
be seen bo more by him, but take physic whilo
143] STATE TRIALS, 34 Charles If. l6S2,--Trial of Lard Grey and others, [U4f
he stayed there: to ^hich he replied, Madam,
indeed it is rude for me to say it to you, but I
must say it, gi^e me my choice, either to be
drowned or hans^ed . Upon this I was extremely
disturbed, and the next momins^f I told him, I
was not satisfied he should stay in England ;
be had ordered his viiSe to go into France, and
she was to go within a month after, I would
have him go with her. He told me, he had
law -suits, and he could not ; 1 told him, he
had told me before, they were of no great con-
sequence, and therefore they could not hinder
him ; and I pressed him very much, and I fell
into a great passion at last ; and told him, if he
would* not go, I would tell her father and he
should take care of her, to send her where she
should be safe enough from him. For I was
jKnsible the world would take notice if he came
not thither ; and, said I, I am not able to bear
you should. Upon this, he promised me with
all tbe oaths, imprecations, and promises in the
world, that he would go and follow his wife into
France at Christmas, and stay there eight
months ; aiid by that time, I did hope, this un-
fortunate miserable business might be over:
fok* I h^d a ^reat kindness for my child, and
would have done any thing to save her, if it had
been in my power, or would vet do any thing:
i would give my life that the world did not
know 80 much of it as now it must this
day. The world knows I had always the
l^reatest kindness and tenderness tor her,
which was such, that some that are now
here have said since that it was my in-
dulgence to her, and not making it known to
my lord, that encouraged this last ill business.
And thereupon my lord Grey was ordered by
me to go away, and he promised me so to do,
which was upon Saturday. I then went up
to her chamber, and saw her very melancholy,
and did what I could to comfort her. Said I,
I warrant you, by the gracaof God, do but do
what you ought, and I will bring you off this
business ; be cbearfnl, and be not so much
cast down (for I thought she was troubled ,at
my carriage to her) and though I said some
severe thmgs to you at dinner (as I did talk
of her going away, and being sent abroad) be
not troubled, for 1 only meant it out of kind-
ness to you ; for all I design, is only to seek
an occasion of getting him away ; and there-
tore, as long as he stays, I ivill seem to whisper
with you, and look frowningly upon you, and
that if he hath any tendmiess for you, ,he
may see I am angry with you and do the
more to leave you at (^uiet: but take no
notice of it, for I now smde to you, though
I frowned before him, be not amightcd In
the afternoon I told her the same thing
again. But then, said^ she, he will shew my
letters to him, and that will ruin my reputation
fbrever, and that troubles me ; but yet it need
not, for I never writ to any man but him, and if
he doth shew them, he will expose hiraselffor
abase uni^^orthy man, and I can but deny it.
and he can never prove it. This is true, said I,
••Bd v«ry well said, and therefore be not afraid
of him, but trust to the friendship of your mo-
ther, and do as yoil ought to do, and I am con-
sent we shall bring you dear off from thia
Uffly , business. And then, said she, but oh.
Madam ! my sister, my sister Grey, ynW she
forgive me tbis i I told her, her sister Grey
was good-natured and religious, and I made no
doubt she would forgive her the folly of her
youth, and if she would take up yet, she was
young, and her sister would impute it to that,
and, said I, I am sure she will forgive you ; and
I told her, I would do ail that lay in my power
to assbit her ; and I bid her be chearfui and
trust in God and in my friendship. She was to
blame, indeed, she acknowledged, but she was
young, and he was cunning, and had made
it his business to delude and intice her. I told
her it was true, and therefore now she must
consider with herself, what was to be done to
bring her off, which I doubted not, if she would
do but as she ought ; she promised me so to de ;
and yet that very night when I was in my sleep
she ran Jiway.
[Here she swooned again]
Serj. Jeff, What time went my lord Gi-ey
away, madam, that day ?
liuly Berkeley, He went away about four
o'clock in the afternoon.
Serj. Jeff, And the ensuing night the lady
was gone ?
I^y Berkeley. Yes, that night she went
away to6.
Serj. Jeff, My lord, I crave leave to acquaint
you with one circumstance that has been al-
ready hinted, that is about Chamock, a per-
son that is taken notice of by both the ladies
that have given evidence, and one of the
defendants in this informatioii. lliis man,
as they seem to intimato, for some extraor-
dinary' service he had doue my lord Grey, or
was designed for the doing of, was removetl
from the degree of his coachman, to the
waiting upon him in his chamber. He at
this time came with lord Grey to Durdants,
a house of my lord Berkeley's near Epsom, and
which was in the way to my lord Grey's house
in Sussex, that is called Up-Park. And they
being there, notwithstanding all those protesta-
tions and promises made by my lord Grey to
his lady mother, as you have heard, to meddle
no more in this matter, yet we shall give you
an account, how that the day before the night
that the young lady went away, my lord Grey
was very importunately busy wiUi his maa
Chamock ; what discourses tuey had, or what
directions he gave him perhaps may not be
known ; but his earnestness in talking witli
him, and his impatience and re^Uessr^ess we
shaU prove ; and uieo give you a very full proof
that CbaniO' k was the person that took her
away ; and then letthejuxy and the court make
the cM^nclusion.
Atty Gen, It maybe, my lord, we thall not be
able to prove the actual > akin^- away from thence,
but only by undeniable circum»itantial proof..
Such impieties use not to be acted ojienly.
L. C. /• Truly, as far as I can see, here bai^
145} STATETMALS, S^CuAnhlssnA6S2.'-'for debauching Ladifn. Berkeley. [14$
Why CfaarDOcky said he, was the man that took
her away.
Sen. Jeff[ Who was it that said so to you.
Sir ? Name him.
Mr. . Mr. Rogers, my lord Berkeley's
chaplain.
Seij. Jeff. If your lordsliip please to observe
the particular times, when my lord Grey was
so earnest in giving Chamock directions, that
was on the &turday at noon, and it was t)iat
night the young lady went away .
X. C. X W^hen came my lord Grey to my
lord Berkeley's ?
Alt. Gen, The Tuesday or Wednesday be-
fore, I think ; some days'it was.
Sen. Jeff. But upou the Saturday night it
was she went away ; this unfortunate laiiy tliat
we hare produced, her mother, and so the lady
her sister, spoke both of theii' icars of Cluir-
nods. Now we shall prove, tliat tliis Char-
nock was on Suuday moniing, at eight o'clock
in the morning^, here in I^ndon, with a } oung
lady, In what habit that young lady was, our
witnesses will tell you ; and othei-s will givtt
you an account what habit this lady went away
in, and then it will be seen who she was. Call
Eleanor Hilton.
Att. Gen. But if you please, Mr. Seijeant,
I think it will be proper first to examine my
lady Lucy, who upon the missing this young
lady, foUowed my lord Grey to Guildford, and
overtaking him, acquainted him with it, and
immediately he took post and came to London.
Pray swear my lady Lucy.
more done barefaced, than one would
should be done in any Christian nation.
[Then a Clergyman that stood by was sworn,
hit his name not told.]
Serj. J^. Pray, Sir, will you t^l my lord and
Ifaehnry what you know.
Mr. . My lord, I was at Durdants,
my lord Berkeley's house near Epsom in
ftwrey, ml the time of this ill accident, and some
line after* And upon the Saturday in the af-
taniuou I (iDSDoediately after dinner was over at
a lord's own table) walked in the great paved
; and stood in the door that kioked towards
the Downs ; and my lord Grey came into the
hall akme, and walked three or four times
veiy tiioiightfully, and then leaned upon the
window, ^1 often locked upon the ground, and
within a little while he steps into the steward's
haD, where the gentlemen were at dinner, and
he calls to Chmock, who came out to him.
He takes him out of the hall to the foot of the
alair-Gase, and there they talked together a
great while, and after some time my lord Grey
went away, and Oharnock did so too, I think
to hisdinner again, I cannot tell any thing to
the cmtrary. The reflection I made upon this
yswugr then was, that my lord Grey was ye)Fy
yictyal in giving his servant orders, which X
thought he was to carry to London with him,
hot I suspected nothing of this matter, nor any
diing ebe that was ill then. Mr. ChamodK
tben passii^ by me, said I, Mr. Chfonock,
BOW long' will it be before you are going ^ He
made me no answer, not one word. Tbere-
npen I went into the library, and between that
and Mr. Chamock's chamber there was bikt a
veiy thin wall, and presently after I came into
the library, my lord Grey sent one (as the mes-
senger said) for Mr. Cbamodc, and he went
Aofwn to him, as I suppose, and in a little time,
enne up again. And after that, I do believe,
1 did hear another messenger come from him
to Mr. Chamock again, I will not swear that,
Jbr i am not sure ofit ; because, bein^ at that
time l^mnr in reading I made no reflection upon
it ttll afterwards. But about a fortnifi^ht or
diree weeks after, there comes a gentleman
to see me at my lodgings, and falling into dis-
course what news there was ; our first discourse
was of the lady's being missing ; he said, it
woidd be sad he feared when she was lieard of.
Why, said I, what do yon mean ? I suppose
Mr. Forrester and she are together, for that
was the talk of the town. No, said he, it is no
SQch thing ; but if you will nuika it a secret,
unless it comes to be made a public business, 1
will tell yon ; I do not doubt my lord Grey
Ctfried her away with a design to debauch her.
that is hard to he believed, said I ; I cannot
befiere it. Why, 'said he, you were there
wtea he went away ? Yes, said I, but how
long was that before the lady was missing ? said
be, it was that afternoon. Then came into
ny mind his earnest discourse with Chamock
tui that which I obser^^cd about it, and sending
Moflbm for him ; and I told that person of it.
rot. IX.
[Which was done, she being in a box by
the bar.]
L, C. J. Well, what do you ask that lady T
Serj. Jeff* We produce her, my lord, to hear
what passed between her and my lord Grey at
Goildtord. Pray, madam, win your ladyship
acquaint the Court what occasion you had to
go to Guildford, and what you said to my lord
Grey, and what he said to you, and did after-
wards.
Lady Lucy. !My lord, as soon as my lady
Harriett was missing, supposini^my lord Grey
could best give an account where she ^ as, 1
went after him to Guildford, and he was gone
half an hour from thence before I came thi-
ther, hut by sending post after him, be was
overtaken, and came back to me. I told him
ray lady Harriett was gone away, antl I con-
jured him by all that was sacred and dear to
him, to prevent so great a misfortune as this
would be to the family. He then pretended ho
did not know any thing of her going, but pro-
mised me, that if he could fuid her out, h«
would endeavour to persuade her to retiiru
home, but he would not force her. After se-
veral discourses, which it is impossible for me
to remember pai'ticularly (saying that he had
donenotlung that was illegal, and if she did not
9ny thing, we could do nothing against hith ;)
he at last parted from me, to go to Ix>ndon,
as I suppose. I begged of him that I might
bepemuttcd U>go along with him, that I might
147] STAtE tRiAlS; 34CflABi.Eftn. iGBi.'-liidl&f Lord Greg gni0it»r8,[\M
«peak tf> her, supposinff I mi^t retrieve Ifih
business, and recover ner, before it were gfone
too far, bnt he denied it toe, and went away.
After that I met him, a day or two after, I
tiiink, I cannot tell juitly the time, and he
pretended, he did not know where she was,
out only he knew where to send to )^ev ; and
lie would do all he conld to sfet her to retmn
kome. He was senaiblc^ of what a misfortune
this was to the family. But soon after he
went to Up-Park asain, as be said, to shew us
Ibat he was not with her. And he afterwards
Writ me a letter, wherein he says, he could
not persuade her to come home, but the con-
clusion of it was, " He would do all he could
to restore peace and quiet to the family, which
by his follies were so miserably disturned."
Lady Arabella. Ny lord, I desire to speak
one thing ; about six weeks ago I met my
lord Grey attny lord chief justice's chamber,
and he iM me, he had my lady Harriett
Berkeley in his power,^ or in his protection, or
io that effect, he said.
Jtt. Gen, I^y telU Madam, when that was?
Lady Arabella, About ^x weeks ago, I
cannot justly say the day.
Sen. Jeff, But if your ladyship nleases, my
lady Lucy, it will very much satisfy the jury,
if you would shew the letter yon speak of.
Mr, Williams, Ay, pray shew tlie letter.
Lady Lucy, It was a letter before that which
he writ to me at Durdants.
X. C. J, When was that letter you speak ot
written?
Lady Lucy. Aboat a week after mv sister
was gone, I cannot exactly remember the day.
Mr. WilUams, Pray , Madam, can you pro-
dace that letter f
Lady Xt^. No, I have it not here:
Se rj. Jeff. Then swear Eleanor HiKon.
[Which was done.]
Sol. Gen, Is your name Eleanor HUton f
Mrs. Hilton, Yes, it is, Sir.
Att, Gen, Pray speak out, that my lord and
the jury may hear you. Do you remember
the 90th of August last ? Did Chamock come
to your house with a yoong lady ? Did you
ftee her, and what time of the day was it ?
Hilton. I cannot tell what time of day it was.
Sen. Jeff. What day of the week was it?
Hilton. It was on a Sunday.
Sol. Gen. What month was it in ?
Hilton. 1 cannot teD, truly.
Seg. Jeff, About what time of the year was it ?
Hilton. About eight or nine w^&a ago, or
Mvnething more.
Sen. Mff. WeD, what did yon see then ?
Eiltqn. There Was a young lady that eame
to our house, she came or herself, Chamock he
was nor with her ; he came before iodeeil, and
asked me if I had any room to spare, and I
shewed him what we had ; he went away, and
I saw 00 more of him ; afterwards, as I said,
ahe came ; but who the was, or what she was»
I cannot tdl.
Hep. /(^ Can yon desty^ her clothes?
MiUm. fStiA had a oaloiir^i nigfat-gown on
of several bolottrs; I cannot say What pifflt-
cnlar stuff it was : am! she had a pettiooaf mi
white and red.
Sen. Jeff. Did you see her face ?
HUton. I cannot say I did fully.
Att. Gen. Do you think yon ,i^ioiild know
her again, if you should see her ?
Huton. I cannot say that.
Ser|. Jeff. (To the lady Harriett) piVf
Madam, wiH yon stand npa little, and tarn «p
your hood. [Which,she did.]
Hilton, T^ily I cannot say that is the lady^
Att, Gen, Do you believe it was she f
HiHon, I cannot say it truly.
Att. Gen, Have you seen her nictnre ailiee,
and is this lady like that picture r
IMbr. Attorney. She says, she cannot say it i»
the same lady.
Sol.. Gen. Pray, Mistress, to what puiposa
was she brought to your house ?
Hilton, They did not tell me that.
Att. Gen, Was it not to lodge there ?
Hilton, She staid Ihere but a while, ttti
went away again.
Alt. Gen. Whither did she go then P
Hilton. To one Patten's in Wfld-street.
Serj. Jeff, You went with her, mistress, dM
not you ? — Hilton. Yes, I did so.
Sen. J^. Pkay, was there any letter or noli»
broujfnt to your house for Chamock ?
mlton. Yes, I brou&'ht it to Mrs. Chamo<3t.
Seij. Jeff. Did you near any reason givett
for her removal from your house ?
Att, Gen, Pray did she ^o to bed at yod*
house ?'^Hilton. She did he down.
Seij. Jef. What time of the day was it ?
Hilton, About nine or ten in me moninf^
Sol. Gen. Pray, did she say she had heen
at church, or what did she say r
HiU0n. She said somewhat to that purpose,
she said she was Weary.
Serj./e^. What company came to fhe ladjr^
while she was at your house ?
Hilton, No body but Mrs. Chamock.
Seij. Jeff, Did you see Mrs. Chamod^ ha
her company? — Hilton, Yes.
Ser). Jeff, Yon saw her come hi to her ?
Hilton, Yes.
Serj. J^, Did she behave herself to her, tt
to a lady of quality ?
Hilton. I cannot tell that, trafy.
Sen. Jeff. Why,- how did she carry it to her •
Hilton. Whether she was in bed or no^ I
cannot tdl ; bat when she came in, the young;
lady said, How do you, Mrs. Chamock ? Shfe
said, Your servant, madam, or to that pnrpofe,
I cannot exactly teD.
Serj. Jeff. Von bronght the note to M^.
Chamock, yon ^ay fSilton. Yes.
Att. Gen, Did she stay at Mrs. Pattdlh'te
after that ? — Hilton. 1 suppose she might.
Sol. Gen, Pray recollect yourself a VltOitp
and tell us what colour was her manteau ?
^Hilton. Truly, it was all manner of coiottri,
red, and gteen, and Mae, and I cannot tdl
wkatcohmrs.
Att.Gtn. WUtooHnmBd petticoat P
i
H9] VtiaRTRlAUi,U9BAnnU. l€K.^€r4etwdki^gLad^H.B€rkeby. [U9
EUton. Rod ttd white.
Sal. Qen. How long after diM, did you hear
Bj hioi Berkdey's daughter wm miaiiing ?
mUtm, ilvhUeafW.
Alt. Gen, How lon^ ? Was it that week ?
Hiilmt. I cannot tett, it WM not long alW.
Ml Geu. Was it the same lad v tw came
ti your house in these clothes, tJaat vent lo
prtfecn'sait nieht?
JL C. jr. Why, she says she went with her,
4o not examiiie her the same things over again.
Mi. Gen. Were you examined be£»re sir
Wiliiaak Tunier, aboutthis matter ?
HiUoa. Yes, I was.
Ml Gen. Was it the/day of the month you
tkea said it ^as P
EiUon. I suppose it might ; I cannot tell
lbs day of the month.
Ah. Gen. Was it the^onth f
SiUon. It 18 like it was.
L.C.J, 8he has fixed it now to be 8 or 9
wedcsago.
floj. Jqlf. Did die giTA any reason why she
wsBremsfvedP-^flilfon. None at all.
Ser}. Jejf. Nov, my laid, we will bring it
down to be dus my lady. Mt lady Arabola,
Vnj, madam, what ckmes m my lady Har-
nett go away in ?
Lady Arabella. My lady Haniett bad such
clothes as they speak of, I cannot say she went
away in her Bight gown, but here is one that
san: But there was a striped night-gown^ of
many oolonrs, green, and blue, and red.
L C. J. She does remember she bad such a
sue, hot she cannot say she went away in it.
Serj. Jeff. Was there not a chequered petti-
coat led and white ?
Lady Arabella. She had such a petticoat,
bit 1 cannot sa^ she went away in it ; die had
tho a white quilted petticoat
Sen. Jeff. 17hen swear Mrs. Doney (Which
WIS me.) Ify lord, we call this gentlewoman
to give an account what habit sm went away
ia ; for she lay with her always.
Au. Geu. Did you lie with my lady Har-
ris Berkeley, when she stole away ?
Mrs. Doney. Yes, indeed, Sir, I did lie in
Ibe chamber that night, and she went away
with ber morning clothes, which lay ready for
ber there, aeainat she did rise in the morning.
It wss a stnped night-gown of many colours,
aad a petticoat of white and red, aadaquilted
petticoat.
AtL Gen. Was she so habited, that came to
ibeboase,Mn. Hilton?
L. C. J. She has said so already.
Sen. Jeff". Now you ase pleaseif to observe,
that besides the circumstances of the clothes,
Ihere is mention made of a note; Mrs. Hilton
iK?8 she received a letter and gave it to Mrs.
CbuDoek ; and that soon after they went to
^UMi's house in Wild-street. We shall call
^ people of that house, to give an account
^W gentlewoman it was that came to their
ixnue. Pray swear Mr. Patten. [Which was
dane.]
M Gen. Pray, will you ted my knrd and th«
jury, whether Mr. Chamock and his wife cam^
to your house, and with whom, and about
what?
Mr. Patten. My lord, about the latter end
of July, or the beginning of August, Mr.
Chamock and his wife came to my house
when we were just removed, to. take som^
lodgings for a person of quality ; but they did
not say who. Said I then. We have no lodg-
ings now ready ; said they. We shall not wuii
them yet, till towards the middle of September*
Says Wf wifi», I suppose by that time our
house will be ready ; and if it will do you any
kindness you may have it. About the 30tn
of August being wnday, Mrs* Hilton brings a
mitlewomaa wiith Mrs. Chamock to my
ncNise ; and when Ikey were come, they called
me up, and seeing them aU three there, I told
Mrs. Chamock, We have no lodgings fit for
any body, of any quality, at present. Saya
Mrs. Hilton, Lt^'s see the candle, and runs up
stairs into a roon\ where there was a bed, but
no hangings ; whip they came in, they locked
themsmes into the room. My wife's daughter
being in the house, I desired her to seim for
'my wife, who was then abroad ; wliichsbe did^
Tney desired my wife's daughter to lodge
with the gentlewoman that they brougfbt
thither, and they were making the ped ready.
I sent them up word. That I ftesired they
would walk into the dining-room for the pre-
seot ; they sent me won) £wn again. They did
not desire to do that, for they were alraid the
li^ht would be seen into the street, and witbal,
II any body came to enquire for Mrs. Char*
nock, or Mrs. Hilton, I should say there was
no body there, presently after, I think (or be-
fore I cannot justly say which) a letter was
carried up staurs to them, upon which they
came down stairs, and away they went up tM
street, and when they were gone a little way
on foot, Mrs. Chamock desired them to turn
back again, for she hoped to get a coach, anJl
she didso, and went away.
Att. Gen. So they did not lodge there?
Mr. Fatten. No, they did not
Seij. Jeff, Did they say any thing of care
that was to be taken, now they passed by my
lady Northumberland's P
Mr. Fatten. My lord, I do not well Demem*
ber that: But the next day Mrs. Hilton oomns
again to our house, and she runs up stairs inta
w same room, and aits her down upon the
bed-side. Said I to ber, Mrs. Hilton, Wl\at
gentlewoman was that that was here last niff ht ?
Says she, I cannot tell, but I believe she is
some person of quality, for Mrs. Chamock
brought her to onr bouse at 7 o'clock in the
mornmfif. But whoever she %s^ she is muoh
troubled, we could get her to eat nothing, but
her eyes . were very red with crying, and we
came away to your house at niebt ; because
hearing some noise c^p^ple in me street, she
was afiaid some of her father's servauls were
come, but it Was only some peo(>]e that. were
gathered about to ohseiTe the blazing star. So
wewhippedo«tof the4oor, andsQ came to your
151] STATE TRIALS, 34 CHAntBsU. leBt.—TirUd^f Lord Grey end 4fther$,[lM
boiiser for wc had fiever a back-door oat of our I up any more. And afterwards my fellow
^^^^ serrant and I were bid to go to bed, and my
Att. Gen, Pray give an account what habit
the gentlewonian was in that came to your
house-
Mr. Patten. She bad a stripetl flowered
gowu, very much sullied, it was flung about
her, just as if she had newly come out of
bed. I did see her face, but when 1 had just
looked upon her, she clapped her hood together
over it presently.
8erj. Jeff, lio you think you should know
her again if you see her ? *^
Mr^Fa^en. I believe I mig^ht.
Serj. Jeff', Pray, madam, stand up again,
and lift up your hood. [Which she did.]
Mr. Fatten. This is the lady. I saw her
f&ce twice, once as I told you, and then when
she went away, I dropped down, and peeped
up, and looked her in the face again, tnough
i^e hid it as much as she could.
Att. Gen. Thus W8 hare proved it upon
Chamock and his wife. •
Seij. Jeff. He gives an account of the 90th
of August, which was the day after she went
from lier father's house. Pray call Mrs.
Fletcher.
Att. Gen. We shall now prove that they
went from thence to one Mr. Jones's ; that my
lord Grey came there to take lodgings, and
after she was brought, came thither again, and
though he changed his hair into a perriwig,
yet he was known for all his disguise.
. Sol. Gen. My lord, you see that it is proved
upon three of the defendants, my lord Grey,
and Chamock, and his wife; now we shall
Srove it upon the other two, the Jones's. Swear
lary Fletcher. [Which was done.]
Serj. Jeff. Sweetheart, pra.y tell the court
where you lived, and when my lord Grey
canife to your house ; tdl the time as near as
you can, and the day of the week.
Fletcher. Sir, he came to David Jones's
on the Tuesday after my lady Berkeley was
missing.
X. C. J. IVhere does David Jones live?
Fletcher. At Charing-cross just over against
the Statue. And living there, my lord Grey
came there in a hackuev coach, first on the
Monday whhout a pcn-iwlg, or any thing of
that, and desired Mr. Jones to come to the
coach side, which he did, and after a little dis-
course with Mr. Jones, they both came into
the house, and went up two pair of stairs to
look upon lodgings. After that, I had order to
make ready the room for soiiie lodgers who
were expected to come that night, but did not
till tlie next day. About Tuesday at nine of
the clock, my lord Grey comes again in a coach
to the door, and threw* his cloak over his face,
he was then without his perrivng too, and de-
nted to si>eak with Mr. Jones: I and my
fallow servant standing at the door, he desir^l
to speak with my master. I went to him, and
told him, he came up, and ai%er he had been
at the coach side, he bid us go down, and keep
dovru in the kitchen, and would not let us come
mistress shut up the shop- windows herself.
Serj. J^ Well, go on, what happened after
that?
Maid. Afterwards there was the warroing''
pan, and the candlestick, «md otlier thin^
were carried up into the chamber by my mis-
tress's sister. Says my fellow servant, thera
is som i great stranger sure, come to lodge here,
that we must not know of. Ay, said 1, thb »
some great intrigue or other. After a while
came in some company that stayed all mgfat.
I know not who they were, or how they
came.
Serj. Jc/f. Well, what was done the next
moimng ?
Maid. I was never admitted into the room
while they were there, but through the open*
ing o;' the door I did see one lady in bed,
but I cannot say who she was, nor what she
was.
Att. Gen. Do you know her if yon see
her again ? Look at that kuly ; is that she ?
Maid. No, I donotknow her ; I cannot say
that is she : My mistress, and my mistreas's
sister stood both before me, when I just peeped
into the room, and when she perceived that, 1
did see her pull the clothes over her face.
Sol. Gen. How long did she stay there?
Maid. Nine nights.
Serj. Jef. Do you know my lord Grey
well?
Alaid. Yes, I have seen him often.
Serj. Jeff. Did you know him ootwithstand-
ingiiis disguise ?^ ATatff. Yes.
Serj. Jef'. What did Mrs. Jones say to yon
about my lord Grey?
Maid. She said to us, what fools were we,
to say this was my lord Grey, it was a country
gentleman.
Serj. Jeff. But you are sure it was my lord
Grey?
ilaid. Yes, I am sure it was he.
- Att. Gen. Did any body else lodge at your
house at that time ?
Maid. Yes, captain Fitz-Gerrard.
Att. Gen. What discourse had you with bios
about this lady ?
Mr. Wiiliams. You, woman, did my lord
Grey stay there ?
Maid. I cannot say he did.
L. C. J. Mr. Attorney, if the question yoa
ask, be to introduce another part ^f your evi-
dence from captain Fitz-Gerrard himself, it
may be somethmg y otherwise that can be no
evidence againstthc defendants, what discourse
was with another.
Serj. Jeff. It is so, my lord : and therefore
we ask you, sweetbeait, what past between yoa
and the capkain ?
• Maid. Captain Fitz-Gerrard, the Monday
morning seven- night, after my lord Grey first
came, called me to his bed-side, and aslceil me
if I knew what lady that was that lodged in the
house, and what clothes she wore, and whethev
she were young or old, and whedier she wert
or no? 1 toU him 1 could not tell any
fUagy fior I could never see her.
Stfi. J^. Do you know what linen ahe
koQipit with her P Did yon wash any lor her ?
MMd, Yea, one shift.
ML Gen. What kind of shift was it ?
Maid, 1 aaid, it coukl be no person of qua-
tty by her shift.
Seij. Jeff. Why so ?
Miid. Because the body was finer than the
ikevesy and ladin use to make the sleeves finer
&sn tibe body. ' [At which there was some
Williams, A very pretty evidence !
Serj. Jeff. Pray call Mrs. Doney ^^ffui^,
jcanse you sbali not make so slight a busi-
of the shift as you pretend, for soch
actions as these mnstbe detected by circum-
155] STAT&TRlALS,34CHiMLB8lI.l682.--/tfrdr»«MiUNf £adr^A£^ [154
a very 01 diiM^, and occasion a ifreat deal of
tronble and duquiet to a noUe family. And
possibly my lord and my lady may not know
she is alive ; therefore* I desire you as a fiiend
to make a discovery of the laily, that they may
know where she is. He seemed very angry
upon my saying of this, and toM me, As k>ng
as I lodged in his house quietly, I need not
troubki raysdf who lodged there besides.
Upon that I thought more earnestly upon this
thm^ ; and I told him again, I am resolved to
go into the room, and know who this lady is
that lies here, for now I suppose there is some-
thing mor^ in it. 8ays he again, nobody shall
ofikr such a rudeness in my house. Said I, I
assure you I will doit. He grew very angry , but
I went from him to my sword and was going
up. Says he, pray Mr. Fitz-Gerrard do not
offer such a tbioi^ i^ this is ; yon would take it
unkindly yours^' to have your house searched
at this time of night. Well, said I, upon con-
dition that I may see her to-morrow mommg
before she goes away, who she is, i will make
no disturbance in your house to-night. Upon
that be left the room, promising me, I should
to-morrow morning see who the lady was. I
went out early the next moromr upon some
necessary business, and comingnome between
eleven and twelve o'clock, said I to him, now
is a very civil time to see this lady, who she is,
for it is not fit you should receive any person
into your house, in such circumstances, when
there is such a cause of suspicion. S^ys he, she
is now gone out of the house. And this is all
that I can say in this matter, I never saw the
lady there then, nor did I ever see her in my
hie, but once or twice at Epsom.
X. C. J. Did they lock the door upon you,
captain?
Capt. FUi-Gerrard. No, they did not.
Seij. Jeff', And you know nothing more ?
Capt. fitZ'Gerrard, I neither knew when
she came, nor who she wask
Att, Gen, Then swear Mr. Smith here, who
married one of my lord Berkeley's daughters.
Att, Gen. Mrs. Doney, pray did you shew
fliis wonnan another ot my lady Harriett
fieriieley's shifts ?
Mrs. Doney. Yes, I did.
Seij. Jeff, Was it the fellow of that she went
away with ?— -Mis. Doney, Yes, it was. .
Seo- J^- Woman, do you believe, upon
your oath, that was the fellow of the shift you
saw? — Maid, Yes, Sir.
Seri. Jeff. Was the body of that you saw
from Uiis gentlewoman, finer than the sleeves ?
Maid. Yes, it was.
Soi, Gen. Then pray swear captain Fitz-
Gorard. [Which was done.}
Sol. Gen. Pray, Sir, wiQ you tell the court
and the jury, what passages fell out at your
fedging?
£apt. FitZ'Gerrard. My lord. It was my
Ibftnne six months ago, to take a lodging at
Mr. Jones's, and while I kept my hragings
tiiere, I had occasion sometimes to go to Wind-
sor, to wait upon his majesty ; and one night
coming honae to my lodging, my servant that
waits upon me in my cbamoer, toUl me, there
was a lodger lately come to the house, who
lay in the upper rooms. I asked who it was ;
he tokl me, the maid of the house told him it
was a mistress of my lord Grey's. I asked
how long she had been there ; he said, it was
bat two or three days since she came. I never
thought of this for four or five days after, nor
thought myself obliged to take notice of the
fsGOurse of the servant in the house ; bat being
ra Covent- Garden in company, there was some
discourse about my lady Harriett Berkeley's
bemg gone from ner {raier's, as it was the
talk of the town. I came home aboot nine
a'clo^ at night, and having no servant just
then ready to wait upon me, Mr. Jones him-
self came very kindly to put me to bed. 1 had
•ome fancy upon the discourse of the town,
this might be my lady Harriett. Uoon which,
I nkl to Mr. Jones, you cannot but near of the
report of my lady Bierkeley's being run away
fivm her father, Jind I know you have a de-
pendance upon my lord Grey, and I have a
sospicion yon csonoeal her in your house. If
yon iop nkl I* 700 do a very dishonest thing.
[Which was done.]
Mr. Smith, Before my lord Berkeley made
this affitir public, he used all means possible
to know where my lady Harriett was ; and
after it was known to him what concern my
lord Grey had in it, there were all means used
to make it up : and discoursing with my lady
Berketey about it, it was proposed that she
should be married, but that would cost a great
deal of money ; that my lord did not stick at,
nor my lady, if any £vine of the church of
England did tliivk it proper to treat with any
parson about it, after such a secret correspon-
dence between her and niy lord Grey. And
my lord said. If my lord Grey would notpro^
secute her with any more visits, he would
give a sum of money to marry her. SaM I,
len, my lord, will you g^ve me leave to wait
upon my lord Grey in it ? He answered. Yes.
80 1 went to him, and ofiered him that my lord
Berkeley would give QfiOOl with her, if b*
155] STATE TBIAI4 S4CiiABLBf II. l6S%^^M§l ^ Imrd Gr^ md cihtrs, (1S«
voidd viMf! faer ia a third lun^ where il
Wf^t be CBUTenient to treat with aa j one
abettt it. He talked with me as if he knew
where aha was, but would not discoTer it
Saya hei Yau must always suppose, 1 will take
your proposal in this manner, if she is in my
newer, wiiiab it nay be she is, k may be not.
Said I> My lord, yon make that, (if) only as a
attbtsrluge, for to be sure, yoa kqow where
die is. Mays he, She is beyond seas, and if
vau will give me leave to visit her sometimes,
I will promise she shall come agaiii ; but that
dapflnas opaa tiuie and tide, it cftaaot be so
irary seen. Said I*, my lord, you may as well
aeod hacses to Dover, and so ovec to Calais, for
laonpote she may not be tar. He said it
ipoiuii be a work of time, but lie would write
to her. I desired he would write &at niflrht.
F4>r, aaid I, my lord, if this busiaees be tuuia
is time, she may yet be saved, if you will ooa-
tribute what you can to it. He promised me
ta write that night to her, but it would be some
tiBi^befixresbe got to town. Then disoonrs-
lag farther with my lord about it. Says he,
if I aJftould bring her to town, I will not use
any fiiree or petsaa^a to bar, if she be ob-
itiaately bent,iiet to come home again ; behraT
k^ to lie sure I wiU not. I am sure, my kva,
aaid I, that your persuasions would do very
nnch with her, and a great deal of good may
fiame pf it, if the matter be $peed«i. But,
aaya he, if I shouM bring her to town, then my
lord Berkeley would disturb her with my Lord
Chief Justice's Wairant. Said I, if you wiU
bring her to town, I will ask my lord and my
ladv, bow kMu^ time they will allow for the
making up or this treaty; and in the mean
^ma^ uie snail be free from any disturbance.
Sa^ my lady Berkeley, when I spoke ta her of
it, Thoiigh mv lord Grey has been so barba*
reus to a fiuml^f , that has been so kind to him ;
yet, if I give him ray word, I will keep it in-
viobbly to him ; and I do promise him, if he
will brmg her to any pUoe where my daughter
Lui^ may visit her, 1 will engage there shall
be no search made after her. And if he can
contribute to carry her into k place where she
maybe sale, and not visit her himself, he diall
bava S,000/. to do it. This meseage of my
lord's baiag barbarous, Madam, aaid I, it is not
fit forma ts carry to my lord Grey, but ^^ou
will {promise not to take hor away, if he bring
bar to town, but from the moment you know
where she is, she shall be safe. Thereupon
my lord Grey promised to write to her ; whe-
ther ha did or not, I cannot tdl. Atlernards
he said he had writ, but she would not come.
AU. Gen» What expenoehas my lord been
at ia looking after her?
Mr. Smith, A great expenee | I cannot tell
partieolariy.
Serj. Jtff, My lord, we have but one witness
more, and that is a gentleman, who, by order
from myl(Mr4 and lady Berkeley, kept my
lord Grey company, and be will tell vour lord-
ship what my lord Grey confesseici to him, what
^ fwamk ha had fe the Udy, and what ma-
I thodafaaoaed togat ridaf it, but cbhM
Swear Mr. Craven : [Which was done.]
Sol, Gen. Will yau tell my lord and ibe
jury, whether you were seat by ray loi4
Berkeley, to be with m v lord Grey at Up-Park,
and what passed there between vou ?
Mr. Craven. My lord, the Wedaesday after
my lady Harriett Berkeley went away, my hAy
Berkeley told me, m^ lord Grey had proffered
he would go down into the comitry fiir six
months, to shew that be had no designs vpaa
her ; and therefore, if she would pro{KMO soaae
friend of her's to go along with nim ta kffcm
him company, he would -W very well satisfied
with it ; and dien my lady Berkeley told me
she wouM fix upon nobody but me, if li«
wonkl take me with him. Than I met my
lord Grey on Wednesday morning at sir Tfao*
mas Armstrong's, and afterwards, went down
to bis boose to bim. When I cama there, hw
met me on horseback, and cama up civilly and
kindly to me. I thought fit to give him a
caution, having received such orders from my
lady. My lord, said I, I am sorry I am forced
to come upon such an account as this, to b«
a gruard over your words and actiona ; and I
am very much troubled that this nnfortunate
thing has happened, and yo|i are n^ted to bai
the occasion of it. Says no, I do own, Cravauy
Iharedoneavaryilltning; but that is past, 1
cannot hdp that now ; but the thing that ia U>
ba thoBs^t oa is, what is to be done far the fu-
ture. My lord, aaid I, the best way, if I naay
give yau my advice, were to sand her home
again, before any report bequnead abroad tf
the business. How can that be ? says ha, 1 d«
not know where she is, but I have had a letter
from her as I told my lady, 1 did believa I
should find a letter here when I came down. 1
will shew you the letter, whiah he did. Mjr
lord, said 1, this letter will be thou^t as of
your panning before you csfue out of town. I
cannot tell what they will think, said he, hu^
here it is. Said I, my lord, I have a great rea-
peet for yom* lordship, aad do very much de •
sire, fbr your own reputation and honour, aia
well as their's, it may be made up in some way
bdbra it be too pubhc. We were diacourainf^
of this. How shall that be done, says my
lord Grey. My lord, said I, if yoa would con*
sent to ttiis, to send har over mto France, tia
Cahusor Diep, we will there find some body
that will help her into a nunnery ; and whan
she is there, she may write to her mother, that
she found she had an intention to marry her to
a match she could not by any means approve or
like of, and therefore she went away to prsveot
her being forced to it ; and this would be as
plausible a thing as any in the worid. And
when that letter should come, my lady Berkeiey
should shew it about to her fiiends ; nay mor^
wbs should go over herself to fetch her back
again, that she might ribceive her into her
house with honour. He said, that was a very
plausible thing, and he would do it, if he coidd
tell where she w^s ; but her letter to him waa^
tiiatAa was gone fimnbwMlQribvl ahe di4
157] STAt£TRIAlJS» 34CHARLSftII. l682.«— /or ithauehhtg taiyH.&rkektf. [ISS
hand and squeezed it sCTinst her br^avt, and
there was the first time he pRroeived she bred
him a£^n ; and then she told him he should
ffo to London with them ; and he did gpo, and
from that time, for a twelte-month before she
went away, he did see her frequently, almost
every niffht, pursuinsr his amour m writings,
and speaking to her as often as he could hare
opportunity. And though my lady Berkeley
put a French woman to Tie with her, yet she
did use to rise from the French woman, and h^
did use to see tier. And one day, says he, dfi
not you remember you came to the cliamber
door, and she was angrj at Tour coming, and
that the door was not ooUed, and if you had
come in you had found me there ?
Seij. Jeff, Do you remember any such thinfi^f
Mr. Craven, I do not unless it were at Dur-
isttbmkfitto let bimknow where she was, |
fir fear he should deliver her up again. Then
ny lord Grey asked me in what. condition
tmy were all at my lord Berkeley's about it
flUd I, they are in such a confusion a^ tron-
Ife they are all mad almost. Says he, how
loes my lord bear it ? Said T, he is so afflicted
Ifcat it wiQ go near to break his heart. Says,
be, he b indeed one of the men in the world
ftatis to he pitied ; she pitieth him rery much,
bat fbr h^ mother she doth not care. One day
vhen we went out a shooting, as we did se-
veral days together ; Mr. Craven, says he, I
vStell ytyfL the whole intrijnie between my
iHly Harriett and I. I have nad a fifreat affcc-
tisD for her ever smce she was a child, and have
dways been taking great delight in her com-
pany ; and keeping her company so often till
ihe mw tip, my passion grew to tiuit height,
that I eoald stifle it no longer, but I was forcS to
(dl her of it, and then 1 could not speak to her <^
it, hot writ. But withal 1 b^s^ed her to take
oonotioe of it to any body, mr if she did, it
#oiiM ruin us both. She was very angry to
hear of it, and neither by writing nor speak-
i^ cocdd I perceive she bad any afTeetion for
lae ^fain, tiH the pariiament sat at Oxford;
iad then I did pursue my love and my amours,
and aft last, she one dsrr told me. said she, I
bcre now considered of it, and if you do not
leave writing or speaking to me of this matter,
tfae vcsty first time you write or speak to me
ania, i will tell my father and mother of it.
Aact struck him so, he said, that he did not
knaw almost what to say or what to do, and he
walked np and down just 13ce a ghost ; but he
lad it as wdl as lie could, that it should not be
(eredved by others. Butthat parliament bemg
midcly diasoited, he did intend to go down to
Suaaex to his house there, being he found sh*
Was residved against admitting his affection,
and be wonld stay there severiu years, till he
. bad weaned himself of his passion, and by
Ibat time sbe would he disposed of otherwise,
and be might be at ease. And he hiding his
Iroable as nrach as he could from my lord
^rkeley atid my lady, forbore to speak to her,
bat only when he saw her he could not forbear
looking earnestly upon her, and being troubled.
Hylord Berkeley, notknowiufifany thing of it,
^' ttked Ilim to go to London with us and not to
flkaaex ? ' be was very much peraoaded by my
hrd and my lady to it : ana at last, mV lady
Harriett Berkeley came to him, and tbid' him,
laid she, yon are very ranch persuaded by my
hAna and mother to go to London and not to
^Flark, whv do not you go with them?
Hadaro, says ne, you have stopped my journey
to London, yon have hindered my going with
tbcm, for I will Either suffer any thing than
fender yon any disturbance, and if I go to
London with yon, I shall not be able to con-
tain m vself ; but if 1 go to Sussex, I alone
Aall hare the trouble of it. But one day,
when- toy lord of Aylesbury Was leading my
bdy Berteley, and my lord Grey was leading
IDy lady Harriott, she took vAj lord Grey's
dants. And, says he, you cannot imagine what
I have suffered to come to see her.. I have been
two days locked up in her closet without meat
or drink, but only some sweetmeats.
Serj. Ji^. What did he say of his makMg
addresses to other ladies to take off his passion?
Mr. Craven, He sidd, he did all he could,
fbr he would tain have avoided bringinfi^ such
an iniamy upon his ownfkmily and bis lady's,
and he dfid endeavour to cooihis passion, by
making love to two otlier ladies, whom he
courted, and enjoyed both of them, hut yet
all did signify nothmg, he could not subdue it.
Att. Gen, Pray tell us what terms he in-
sisted upon, for his patting with her, and what
he said the law was in the case ?
Mr. Crcpoen, I told him, my lord, besides
the dishonour you bring upon yourself and two
noble families, you should do all that in you
lies, to avoid the punishment that will come
Uj^nyou for it by the law. Oh, says he, you
mistake yourselr in that, for yon must tMak 1
have considered of all thUt bdbre ; th^ <ian-
not do any thinff in law against me for it ; let
them examine me case of Mrs. Heneage and
my lord Cavendish.
Att, Gen, What, did he say he would tKSt
part vKth her but upon tenns ?
Mr. Craven, He said, I Cannot persuade h^
and I will not betray her. Truly, said I, my
lord, you had better betray her, and when she
comes to be sensible of her own good, she will
thai^ you for it tlien he owned he had her
in his power, but would not part with her never
to see her again.
Att, Ger¥, What i#ete the terms be stood
upon?
Mr. Cfdven, My lady Berkeley 0^nt me to
the coffee-house, and desired me to ask him*
if he would give her an answer to what sbe
had met him at my lord chicf^ justice's about
My lord told me, he did not approve of sending
her to the place proposed, but he would send
her to his own sister, his broiher-in-law Mr.
Nevirs ; I told my lady of it, who said, if he
did state the case right to Mr. Nevil, she was
sure he would not receive her, nor let him come
to her if he did. After that Mr. Petit's was
proposed, so he might visit her. But he did
1591 STATE TRIALS, 34 Cuablbs II. l682.--7i'fa/ of Lord Greg and Uhir$, [\^9
«ay, if that, be the dewD, that they would
hare her from me, and I not to come at her
when I please, they shall oever see her while
they live, nor will lever deliver her.
oeij. Je^. We rest here, to know what they
on the other hand say to it, and we think this
foul fact is fully proved.
Lord Cavendish, My lord chief Justice, I
desire to he heard one word in this matter.
This gentleman, Mr. Craven, that was last ex-
amined, has been pleased to tell a rery long im-
probable story in itself, and amongst other
things that he has said, he has been pleased
to make use of my name impertinently enough :
for he speaks of a case that that noble lord,
he says, vnis pleased to mention to him. If
he did mention that case to him, and did name
my name, he also mentions the case of two
laoies, he says, iny lord was concerned with.
I desira to know how he came to name my
name, and not tiame the two ladies he spealis
of, that that noble lord made his courtship to
and enjoyed ?
L. C. /. My lord Cavendish, I could have
wished he haa not named your lordship, be-
cause it was not at all to the purpose.
Lord Cavendish, My lord, I am not con-
cerned at it at all, more than at the impertmency
of his using my name.
L, C. J. I could have wished, indeed, the
gentleman had spared your lordship's name.
Lord Cavendish, I clestre to know why my
name was mentioned more than the two ladies
names P
Mr. Craven, My lord Grey did not mention
the two ladies names to me.
Lord Grei/, No, nor my lord Cavendish's
neither ; it is all a lie.
Lord Cavendish, I will bdie^e my lord
Grey's word more than I will his oath.
L. C. J. That your lordship may do if you
please. But we must not do so here. Come,
what say you to it on the other side ?
Mr. wuUams. May it please your lordship,
jiadyou gentlemen of the jury, I am qf coun-
sel m tlib case for my lord Grey and the other
defendants : and that we may come closely to
the question, I desire I may first state the
question before you upon this information,
and then you \^l the b^ter jnd^e how far the
evidence that has been given, is pertinent to
the issue that you gentlemen are to try. The
purts of the information are these : that my
lord Grey, and the rest of these defendants,
should conspire together to ruin and destroy
this youne tady, and in the ezecution thereor,
to bnog tfiifi their conspiracy to effect, they did
often solicit and entice her to adultery with
my lord Grey ; and in prosecution of these
their ill purposes and desi^, she was by force
and arms taken away from the custody and
tuition of the e^rl of Berkeley, her father, and
being so taken away, my lord Grey, and the
.rest of them, did procure her to hve scanda-
lously with my lord Grey, in whoredom and
adultery. These are the parts of the charge,
and the ^destion is, whetaer we are guUty of
it ? For the evidence, I dare presume to say,
that they have not made any direct proof of*
the matter charged. On the other side, they;
lu^/e, I do agree, ofiered something conjee-^
tural, upon which a man may iros^ine and
think what he will ; but how far you are
to conclude the defendants Guilty, out of those
presumptions, must be left to you ; I know
you will very well consider of it. It is ptain^
we are in a tery tender case ; it is a case of
honour on all sides, and I hare often heard it,
and always believed it. That persons of honour
and quality in the world, would rather loae
their lives than their honour. And I believe it
is the opinion oT my client, my lord Grey, as
well as of the prosecutors in this information.
And therefore, you, gentlemen, I doubt not,
will eiimect to have a clear evidence to convict
him or this crime. And it is not only bit
honour is concerned, but that also of another
freat, illustrious, and noble family, to which
e is by marriage allied. So that the aoquittiD§^
of my lord Grey of this matter, doth, in a
great measure, acquit the other family of so
^reat a scandal. For that will fUsify the
information, and by your rerdiet you will
remove those stains, tnat else may stick on both
sides. We are equally between the two fami-
lies, and your consideration will be, whethei'
you will lay a stain upon both of them, or ac-
quit them both. Now thei*e has been no proof
against my lord Grey of any one point in the
imormatiOn.
X. C. J. No ? Sure you arc mticU mistaken s
it is a direct proof against my lord Grey, I
must tell the jury so, and therefore apply
your defence to it as you can.
Ml'. Williams. Truly, my lord, I hope it is
not ; and our case is best stated, by laying open
the truth of the fact, and then the matter will
plainly appear. I cannot go about to justify
the passion and the folly, for I may well call
it so, of my lord Grey and this young lady in
this case. It is mismrtune enough, to be ac->
cused of a thing of that natui-c, and it may be
a great deal worse to be convicted. I shall
agree there have been those transactions be-*
tween them, that it may be, we cannot justify
in strictness every thing that my lord Grey
has done. But yet^ we say he is not guilty A
this information. We do agree, there haa
been an extraordinary nassion, nay, 1 must
say, a very unjustinable one, between this
lady and my lord Grey : but to conclude out of
that, that because there was such an unrea-
sonable, unjustifiable, extraordinary affection
between them, therefore we must infer and
conclude him guilty of this information, ta
a very forced unreasonable construction ; for
there are degrees in love, and we must not
conclude the worst thing a man can be guilty
of, because he is guilty of some degree. Theo^
to come home to the case of my lord Grey,
we shall prove, and give your lonlsbip and tha
jury undeniable satisfaction, that my lord
Grey, so far from having inveigled away this
young lady, or being any way ingtrumental t%
1 .
•• I
l01}^STAT£llUALS;d4CbARttilII. iSM^^rAimieUng'Ltiya.Berkeky. [i6t
ireyio^ ha awny, Uiat be med all
be covid to have ^ycntod any things of
nature befove, by dnoovering to my lady
adey her mother, my lady Arabella, and
my huif Lucy, her n^en, all pmooa of greai
WBom^ and her neaieat reiatipiis, that abe
Mintendto go away, by waromg them, and
ghriBg' them full notice, that there might be
BBch aa imentioo in the yonng lady. .We
shaH prore fikewiflo, that m^ man in the world
caaUdDmoire, when abe was gone, to retrieve
We ahaU make it ont by undeniable cnr-
908, pfTOved even by their own wit-
It happened that my lord Berkeley
and hip ihmQy withdrew to,acountry-bou8e of
bii near Epoom, io yom* county, gentlemen.
My kdy had some jeidousy, aa abe has been
|fe»ed totestdy, that there might be some
eitiaardiaary paasaon between my lord Grey
aad the yavng lady ; having diseovered it by
aamrjettera^ as she bath given evidence. My
Imd Grc^ aogoainted her witli his aoapicion,
tetahe mtended to go away, and was so jaat,
that ha did not cow^ any one th*ng that be
iaear ; yea, to acquit iiimfldf that be had no
It demga himaelf, and if ahe did get away it
was Done af hia fiuilt, he produced a copy
•f a letter of admonition, which my lord Grey
hiBMelf had writteii to her : and when my lady
had heard bia advice about it, and bis counsel
he gave her, ahe aaid, her father could not
|Mve i^ven her better coonsel. This was so
caily aa JuIy ; in the beginning of August,
my Wd BeiKcley goioff down to bis couiitr^r-
hooae at Epeom, and the family removing tbi-
0Mr« Then my lord €hrey was sick here in
Iowa ; and in tnis sickness of bis, there was a
lettar sent to my lord Grey from his lady, de-
mnag him to come down to my lord Berke-
ky'a ; hut it aeetus he bad been under some
cagagemcnt to my lady Berkeley, not to come
wiUioutiier leave; and having regard ohis
word past to qay lady, he would not do it. My
My Berkeley, in a few days afUr, sent for
him herself, and therein .thanks him that he
was so just to bia word and honour, that he
woaU mat come down without her invitation.
UpoB Tossday before this mdiappy kidy went
away from her fatber's house, my lord Grey,
caaaeto my lord Berkeley's.. When he came
jbnra* he was tery kindly received by my lord
mi my lady. On the Thursday ibilowing
my la^ Berkeley acoaaints ray lord Grey,
dial this yvmg lady had a design to leave her
Ittb9 9nd mother's fiimily, and run away.
Mf lord Gciry. was so firank with her, aa to tell
ter; Madam, I have long suspected such a
fhisgy as I have told yon ; botlnladam, your
daoghter Harriett is. all day in your eye,
yoa.may look bar ud at night, and secure ner
if ysv please. This was a timely caution
ma hAiM ahe Inade her cm^^- On the
Fndhyfi>llowuigceaEieaa.ktter from aa un-
kaowBhaad'tomyUdy Berkeley, that mti.
Medythat mocept they had a great care of
thdrdaarttetMAa alma eye oyer her, she
mk hwftthartflMUr*! kpg miQoj heroonfi.
▼01. 1JU
psay. My lad^ Berkeley shews this letter to
my IM Gref , say;B he. Madam, this is no
inore.than wnat Tbave often told yon, I have
given yon some IntimationB already, and my <
tbougMs and advice about it $ and whoever it
be tlmtwjrit this leUer, I am afiaid her appie* •
hensions of tome iU usage may put her upon ^
some «ucb desigfki. And he repeated it aeain, ^
Madam, let me caation and advise you, nava '
her always iu your eye, and lock her up safe
at night. This was r^eatad over and over, to
my hidy Loc};, and my lady Arabella. Thus
it continued till Saturday, my lord Grey re*
aolved to so to biscotmlry-hoaBe atUp^rark,
and took bia leave of my lord Berkel^ and
his £muly accordingly, and went that night to
Guildford, and there he Jay, and rose the next
momuigto go onwardx ofhis journey, but was
puraued, it seema, by my lady Lucy. For she
tells you, when this young lady bad left her
father's fbmily , she inunediately on the Sunday
morning came to Guildford, and sent after my
lord, who was newly gone on his way, and-
waa found on lisi way to his house in Haatex*,
Having received my lady Lucy's commands,
he returns to €hiildford, and there he bad the
first notice given bim of my lady Harriett's
escape ; toys be to my lady* Lucy, this is no
more tban I have fairly warned you of before ;•
had you taken my counsel, naa she locked-
up.P No, said she, she is gone away, and
your lordahip must needs know where abe is,>
and therefore^ pray set her to return home
again. Says my lor^ Grey^ 1 assure you I
Imow nothing at all of it, an^ to give you all
the satisfrction I can in the worM, I did not
only warn you of it before, but I shall be as
industrious as any of you all, you shalil fiuf}, to
recover her again. For that purpose, I wilt
see if she have crossed the river, or is gone
any other way ; and if I can make any die*
eovery, by fetter or any other way, I wilt
send you word immediately ; and I am
so ainoere with you, that if any letter coma
to your family for me, I give free liberty
to my lord and all his family to open
them themselves, and see what is in diem }
and if I do receive a^y from ber any othet
way, a true copy of it ahall be seut ; and
mere tban all this, if my lord be nM satisfied
with what I have said, let my lord or my lady
send, and set what spy upon me and my ac<«
tions ihey please. Aod it seems he was taken
athcB word, and they made choice of a very
pro^v gentleman, and you heard what diB-<
ooveries he has- made, and how he baa worded
die matter. For first ,he makes my lord Grey
at one time a very subtle lover, full of all in-
trigues, and one that could conceal all within
himself, and yet (when it would- do liim ao
much injury) so open, as absolutely to. unbosom
himself to one that waa an absolute spy upon
hhAimd his actions, and tell him such thii^
as no man in the world sure is such a fool aa
to tell another in his cireumstanoea. But that
I leave to the jury (as my lord Cavendish has
" tooflbnteortbeimpertiiiencyofhislong
M
1€S] STA3X TRIALS, MCBABL18 n. i€M^THal rfLori Cfigy^nni ofJbrf, [164
Blory. When he had parted from my lady
Lucy, heoames to London, and UMth all the
cHliipeDce he could ^ find her 'out. On Wednes-
day again he leaves .London, when he(ould
not &d her, and ^th to hts own house :
Upon Thursday this gendeman Mr. Craven
comes thither to him. There he finds a letter
from my lady Harriett, and b^use he would
be exact to his word, be keeps a copy of the
letter, and sends the origin^ of it tr> my lord
Berkeley's. Now no man will imagine, if he
had such an intrigue with this lady, as they
would make the world believe, that he would
ever have sent such a letter oat of his custody,
which would have been a colourable excuse ror
him. Nay, we do not rest here, but by the
way we produce this letter to this gentleman,
who it scorns, was our guardian, and told htm
moreorer, here is my answer to this letter, and
sends a copy of his answer with the letter
from her to my kdy Berkeley. Then there
comes a seoona letter, and he, accoiding to
his word, discovers Uiat, and there is not one
oircumstance in all his carriage that doth ac •
cuae him. . After * this second letter was inH-
I»rted to my lord Berkeley's family, he con-
tinued a while at Sussex, and afterwards, when
he returned to London, he used all the means
imaginable, for a person that was so near con-
cerned in point of relation, and in regard of Ins
own reputatien, to have found her out, but
oould not These are the drcumstanoes pf
my brd Grey's particular interest in this
matter, and when we have made out tiiese
<^pcum8tance^ we hope the worid will be)ieve
Mm not g^ty. It seems the young lady is
now in court ; she is so just, it seems, as to
come to do my lord right, and that one thing
wilTknockaU tbeir conjectures on the head;
for she best knows what has been done, and
theiury will consider whether this be imagi-^
naUej that my lord Grey should conceal bef
•U this while, and produce her now, when if
•ny violence hath been offered her she may
freely tdl it And as for the man that couU
ten so Teiy readily^ this was tha very kdy
that came to his bduse,- when she had so
hooded and muffled up herself, we must leave
him and his credit to the jury. We sbsil
thereforo desire, when we come to the close of
our evidence, that thi« young lady may be
here examined uponiier oath, and then, I hope,
the truth will come out.
Mr. Thompton, My lord, because your lord-
ihip seems to be spmewh^. satisfied that there
is a direct proof of the matter charged against
my lord Grey, therefore 1 suppose it wTll not
be amus to open the. fact, and in three words to
stale tne charge, and the nature of their evi-
dence to maintain it-r
X. C J. Come, .oome, call yeqr witnesses
and make out your defence.
Just. Dolben, If you can prove what Mr.
Williams says, you do something, but do not
think to vuSke long speeches; go on to. the
Cfidence.
It- C.J. Any, Mr. Thompsoiiy do not you
befieve we want any of yourhdp to reooUeef
the evidenee given, or to direct the jury about ^
it, do you disprove it if you can.
Mr. Thompson, Myford, theoonrseofprac->
tice I always took to be so, to open and observe •
upon the evidence given, and then answer it
But! submit to your lordship for that; yoa
may do as you pleoae.
Lord Grey, Then, my hnd, I desire 1 may
speak something myself. Certainly, my lordy
no man ever lay under a more infamous accu-
sation, than I now do ; and therefore, I hope^
your lordship will pardon me,' if I defend myself
as weU as I can mm it ; and undoubtadly, if
in any case a man be allowed to speak for him-
self, it must be tdlowed to roe m this. My
honour lies here at stake, and if my life did so
too, I am not, nor should be more conoenwd to
save that, than I am to dear my reputstioD,
which is and ought to be very dear to me*
My lord, were I goilty of Ae viUainies that
here are laid to my charge, I certainly should
need no other punishment, I am sure, 1 eould
not have a worse, than the 'reflections of my
own oonscitece for them, and' I ought lo he
banished the society of mankind. My lord, I
must coniiesB, I have been so unhaj^y, (though '
it is more than they could else prove) as to
have a very gr«at kindness ibr this unfortunate
young lady, my lady Harriett Berkeley : but
yet, not so criminal a one as the witnesses that
have been produced would have you tO'believey
nor as the infonnation would insinuate. .1 do
here protest, I was no way assistiBg to her es-
cape, nor privy .to it ; nor have 1 ever at all
since detainled her from her fether, though I
have sufiered a fortnight's close confincnient
and imprisonment for tt ; and all this I doubt
not to make out to your bvdship's and the
jury's satisfaction. I «ball say no more of the .
justice of my cause, but endeavour to prove it ;
and, my lord, this is that which I say to it.
The evidence that has been given consists moot
of such and such disQOursi^ that have been be-
tween tlie witnesses and myself, and those I
sbaU give what answer is nt to be given to
them. A negative, as your lordship very widl
knows, is not to be proved. Particular dis-
courses we have had, ef the same nature ae
Mr. Williams has opened, aboet my cauliouingf
them concerning her Utempts to fo away i '
and I shall app^ to my lady Berkdey her^
self, whether that be not so. If my lady
Berkeley own it to be true,. I h6pe that is very
good proof. My lord, about the time that tiiey
speak of, concerning the letter whidi I take to
be in June or July, I was sent for 1^ my lady
Bericeley into her chamber; when I name there,
my faidy told me there was a letter, which, she
said, was desired to go from her daughter to
me. I askedlier, if she had read the pententa
of the letter, she said no. I asked her, whortter
the direction of the letter were to me, she could
not tell Urnt, But my Udy had .told me, her
daughter had given her the aecomt of what
had passed between us, that abewia satisfied
thece was a oorrespoiideiioe of kite between vb^
165} STATETRIALS, 94C9ABlsft n. 1663.—,
1^ raaMrretO inn, I p ro ffered to abwDt my-
irif. I desire my lady may aoswer whether
this be DOt 80.
L. C. J. That will be to intneate the busi^
aesB^ to go OD thus. Pniy, my lord, if yon will
aik ai^ question of any body, tell them your
cmmsei, and let them ask them, but to make
kMMf diaoounes all day is ifl>t to be permitted.
£ofd Grey. My lord, I will^^k then my
Scstions all together by and by.. My lad^r
irkdev going down with my ford to Dar-
daoti, desired that my wife might go down
vitl^ her, to which I readily consented. Soon
after that, I fell sick and kept my bed a while.
When I was well ag^un, an^ going into Sussex,
I snit for my wife to town, and would not go
ftCch her, because I would keep my word with
her ladyship. My lady Berkeley thereupon
wrote me a letter, wherein she thanked me for
JBOt coming according to my promise, and
eommendea my modesty in it ; and said, there
would be no apprehension of any ill from me,
if I did come thither for a short time. And
tfaoenpon being invited by her ladyship, to
tdoe her house in my way to Suiisez, i did
osme down thither. And I urge this, to shew
tbst there was no conspiracy or design of any
nidi thing in me, for I had^ot gone to Dur-
duita, if I had not been sent for, and so there
i^as DO design in my going. When I came
tUther it was the Tuesday, and on the Thurs-
day my lady Berkeley did acquaint me, she
was niMer great apprehensions and fears ; and
I adced her the reason of it. She ^Id me,
"Riat the. had been at some ease, her daughter
baTing made a great submission to her, and
promise of constant obedience, and that she
wsvlddo all as she would have her, if she
WDold but giTe her leave to go to town with
her; but yet, for all this, one morning she
puis on her hoods and scarfs, and was going
sway, and had done it, but that the French
WQsaan and another prevented it. I told my
hdyBerkdey then. Madam, said I, I have
good Tsason to believe she may have some
saeb intention. I did not give my reason at
thst time, but I shall by ana by. But, said I,
if she do go away, I cannot imagine but that
it is possible she may. send to me, and I will
E* eyoor ladvahip notice as soon as ever 1
vw ; and tooii^ yon seem to be satisfied,
aod to think your daughter secure here, yet
yoQ do not thJoiSf. her so indeed ; and you
umst needs use her fli, or she would have no
^Mights of i^ng from you. For my part,
if she do go away and come to ipe, I will shun
it as I would death, aad-yoa have now fair
wanung' ; she ia all d^ in your eye, pray be
soie to kx^ her up um at night. Upon Fri-
day fbnowing- comes a letter wi&out a name
to it, and Mr. WiDiams haa opened to you the
cotttents of the letter. She read the letter when
bar daughter was in the room, who asked what
theklter was, and being denied to have any
■ccooiit of it, was in the greatest confusion in
the world, and leaped and run dawn stairs like
A Quul tbiiig, and my lady heraelf was very
much diitorbed at it When I kaw the letter,
paadam, said I, this letter ought to confirm you
in the resolution of taking my advice ; it can
coroe from nobody, but some one that is to
assist in the executuig of this design, but thinkfl
it too daii^perous to engage in, and gives you
thia warning to prevent it You have suffi-
cient caution given you to make you careful.
Whereas, my lord, if I had been in any sort
of conspiracy of that nature, to take her away,
my )ady Berkeley certainly should have been
the last woman in the world that I would have
commnm'cated it to. My lord, I went a^ay
from Durdants on the Saturday, and so to
Oufldford, where I lay that night, and went on
my journey the next morning, but was over-
taken on the road, by a messenger from lady
Lucy, who was come to Guilford to speak with
me ; when I came back to her, she told me,
my lady Harriett was gone away that night,
and th^ did believe I knew where she was.
Said I, Madam, I have as great a share in this
misfortune as any of you all, because of your
supicion ; but sure you must have used her
very iH and make her do this ; and you are
much to blame, when you had all that warn-
ing from me ; why did you not secure her,
and lock her up as I advised you I Said she.
She was locked up, but the key was left in the
door. Upon this I went to London, and I had
appointed my lady Lucy to meet her on Mon- .
day morning, to give an account what I could
learn ; but I told ner, that I had heard nothing
of her, nor is there any proof that I did see her
at any time, till I owned it before your lord-^
sdiip at your chamber. She seemed not to be-
lieve me when I told her so. Madam, said I,
it is certainly true ; aud to convince you that
I have no hand in this matter, I will go imme-
diately into Sussex, and there I will stay as
lon^ as you wiU have me ; and if you please
to go yotirself with me, or send any body else,
to observe what I do. She thought it not (it
for herself to go with roe : but my lady Berke-
ley and she afterwards pitched upon Mr. Cra-
ven, who had been a long time a servant in the '
family, and I agreed \vith my lady in that, to
have him, and receive him as a spy upon me.
Discoursing with my laily Lucy, said I, Ma-
dam, ndw 1 will tell you .the reason, which I
forbore to tell my laoy Berkeley, why I bad
good ground to suspect my lady Harriett had
a design to go away, and it was tliis : My lady
Harriett came to me one day, about six weeks
or more ago, in the court-yard at St. JohnX
and says she to me, I am used like a dog, I
live the life of a slave here, L can endure it no
longer ; by the eternal God that made me, I
wUI not be alive long, unless I can set myself
at liberty. This I said to m^ lady Lucy ; and
these, said I, were reasons enough for me to
warn you to look well after her. I did, ac-
cording to agreement^ go into Sussex imme*
diately ; and I then told my lady Lucy, I be-
lieved I might have a letter from my laay Har *
riett, by the Wednesday night's post, because,
said I, ierio cannot writesooner than tha^ and if
t€r] STATS TBI ALS» 34Ciu»jiE»«. l«M.-'T«Vrf</iX0it3r<w<«««rF, [ifi*
Ibave^ I wUlsend you. wcnnL Wlieii I vf§B
tbere^ Mr. Craven came the next, day to my
kou^ ; and an soon as he came, said I, Here
is a lette)* I have received from my ]ady Ibr-
riett, and if you will, jrou may tale a copy of
it. I took a copy of it myself, and sent the
original of it to my lady X.ucy, though they
have not thoug^ht fit to produce the letter now
in coUrt, that vour lordship and the jury might
see it. But tlere is. mine, which is the first
account what was hecomc of her after she went
away, that I received, except what account I
had firom my lady Lucy at Guilford; and this
will shew to all the world, that I was not so
much privy to her going awav, as they say I
ffras. I had deuicd to assist her in it, when
she complained to me of her ill usage; and
when she attempted to ffo away before,!, upon
my lady's telling me of it, gave her sufficient
- caution. And for the ti-uth of all this, I appeal
to those very witnesses that have been pro-
duced agaiust me. When I had shewn this
letter to Sir. Craven, 1 sent it away by a ser-
vant of my own, to my lord Berkeley's, and
wnt to my lady Lucy, and desired her to pen
Whatever answer she should think fi^, to send. |
My lady Lucy did write to me back again, and
tofd me the substance of what 1 was to write,
but the penning of it she did leave to me, for she
believed I woiUd do it effectually. I did write
an answer to my lady Harriett's letter, and that
apswer I shewed to Mr. Craven, and asked
him if it were sutucient, and he seemed to
approve of it. The lady herself is in court, I
know not whether she can. give an account of
the letter, I suppose she can tell you what an
one it was. 1 had ailerwards another letter
from her in answer to mine, and that I hare
me, I could npl protect heragaisslh«rfiitter. *
I then told your lordship' &od my lady Qetl(e*
ley. She. was not in my house, nor in my om-
tody. They replied, She was in my power ;
but how coukl she be in my power, when 8h«
was not in my custody, nor in my bdgi«g t
But my crime was that I knew where she w«a*~
And it I do deserve punishment for keepin|^
my word and faith with her, which Ji gare
her in a letter, upon her impor^ity n^ to
betray her,) must submit to it, I could not in
honour da otherwise. My lord, I desire tbia .
first tetter ma^ be read, which was first scot by
my lady Harriett to me.
£. C. J. Surely, my knrd, for all your \ot$g
discourse youcanpot. hut apprehend youradf
mistaken, when vou say there is no crime
charged in the inrormation, but the taking her
away to such an intent and purpose. Surdy
there are other things besides that Ana
what you speak, if not proved, your lordship
knows must pass for notbmg.
Mr. William. My lord, your lorcbhip has
made a right distinction between disooufMS
and proofii. Therefore discourses between
strangers and thii-d persons, are not to be stood
upon, but tlie proofs are ; and all the evidence
together must be leil to the jury, to oonsiriks'
what is material and peitment, ^iid wbat not.
We shall therefore go on to our evidence ^ and
shall begin with my lady Berkeley first, gnd
ask her ladyship some questions, and we de-
sire to know whether she hath seen this leU*
tor?
L, C. J. But take notice, the letter you pro-
pose, we cannot read it.
Mr. Williams. But, my lord, it was agreed
I between my lady Lucy and my lord Grey, tliaft^
here, and it will appear by both of those let- if he received any letters from my lady Har^
ters, whether I had any interest in her going
away. Though perhaps that would not have
been such a crime neither ; and vet I think
.withal, that there is not a tittle or proof that
f had any hand in it, not one proof of any cir-
cumstance like it. And if there be any crime,
it must be the taking her away, to suen an in-
tent and purpose as is charged in the inibrma-
tion. , Before I came to town, I was sent for
about some other business, yet I would not
come till I had my lady's consent ; for I sent
lier word, my lady Hsftnett writ in her letter,
that she was going beyond sea, and if I went
to London I might prevent it, but I would not
go without my uidy*s or Mr. Craven's consent
atid approbaUon. When I came to town, I was
one day at the coffee house in Covent- Garden,
I was tnen sent to by this lady, who was in an
hac^kney-coach at the door, and when I came to
' the coach side to her, she gave me a tedious
history of her ill-usage at home, wh\dx niade
her come away. Aud when your lordship's war-
rants were out ib search ibr her, I came up to ;
your lordship, and I dare appeal to your lord-
ship, whether I did not acquaint you, that she
only sought for protection, and was willing to
return home, so she should be satisfied shq
•bPiddoQi be IB treated agauL You then told
riett, he should communicate them to my Hdy
BeHkeley, and tliis letter coming to bun, hm
first shews it to Craven, this man that was tinift
set as a spy upon him, and after sent it to onr
h^y Lucy, and whatsoever answer they wovu
have sent, was promised shouhL be, and ao-
cordingly was first sliewn to Craven, and then
sent, if this were the agreement, and theoft
letters were thuft written, then sure we mi^
read them.
L, C. J. You may ask my lady Berkelejr
any questions, but must not read any suc^
letters.
Seij. Jeff. Pray, Mr.Williams, let us go ac-
cording to the course of law, and give no.
evidence, but what is fit to be given as evi-
dence.
Mr. Williams, Tlien thus. Madam, pray caa.
you remember the discourse that p^st D^tweeo.
my Iprd Grey and your ladyship in June, con*
cerning your daughter and him ?.
J jSidy Berkeley. Where?
Mr. William. At St. John's.
Lady Berkeley. I do not well knofr what dis*
course you mean ; but any particular diaoouTM.
that was there I will answer to.
Mr. Williams. That discourse that past bon
tweenyou the first tinae that you aequ«iatodBi|r
1(9] STATETiUAI^S4Cki4«Uin.]«ai-->brAiMnid^ Berhbg, [170
kid Grey'thai 700 mpected ibcte was too
' iwch ftmilkuriiy bMweea him and yow
ter.
Lady Beribe/«y. .The first time do yoa say?
Mr. Williams. Yea, Madam ; I tbink yov
were pleased to say, that apoa your first dis-
covery, yoo sent fiir him and talked with him.
Lady Berkeley. I did sot say upon my first
diseovery, bat when I had discovered it. For
I would be very punctual to the truth in my
Cfidence.
Mr. Williams, You say, your ladyship had
iome ^sooune with bim in june.
Ijady Berkeley, I think it was in June.
Mr. Williams. Pray, Madam, can you re-
member what my lord Grey promised your
ladyship then^?
: Lady Berkeley, He told me then, he would
obey me in any things, even if I would banish
bim my house.
Mr. Williams, Was there any letter then
prodooed by yonr ladyship or my lord Grey ?
lojdy Berkeley, Of what concern f
Mr. WHkams. Any letter that lelated to
your daiu^ter ?
Lady Berkeley. No ; but I told him of aletter
that was ibnnd, that she had writ to him.
Mr. WaUams. Madam, pray have yon that
letter, or any copy of it ?
lady Berkeley, No, it was torn to pieces, I
can brmg* the pieces, I beUeye, if there were
Mr. I^losipMft. Your ladyship read it, I sup-
pose?
Lady Berkeley, No, my daughter Bell read
it, and tore it in pieces*
' Mr. Williams, Was there any discourse be*
tween your ladyship and my loid Grey, about
aaj other letter?
Lady Berkeley, Not at that time,
f MrJ' Williams, Was there at any other time ?
Lady Berkeley. Yes, at tbe Charter-house
4ft tav lord's honse, one day my lord Grey de-
sired me to walk into the. gallery, for he bad
aamedung to communicate to me, and the dis-
CDuse thai past between us then wai> this ; he
shewed me there ft letter of the passionate lore
he had fm her, with some good counsel in it
Mr. Williams, Did your ladyship approve of
the counsel he gave her ?
Lady BerkeUy* 'Sffr&r, when there wHs ^so
much love and passioD in the letter.
Mr. WUUams. Fray, Madam, recollect your-
aetf, were yon not pleased to like of that letter ?
- Lady &rkeley, I could never like of the
passionate expressions in it; there miffht be
BJNH' thing, in it well #aid enough, but with the
greatest expressions of passion and lore ; inso-
Bsncfa, that he faimsdf said of it, madams I'm
ashamed of that part, and would have had me
overlooked it.
Mr. Williams, Did yonr ladyship say, her
father eould not giro her better advice ? •
Lady Berkeley, Not that 1 know of
Mr. Thompson, Pray, Madam, did you ever
sarib?
U4j Betkeley. Surely I did. not: For I
♦.
oosldnotbat thitic hb coldd gi«e her a great
deal better advice. . .
Mr. Williams. Does yoilr kdjnhip, pray
Madam, remember any macourae between my
lord Grey, and you, upon the Thursday beftra
your daughter went away ?
Lady Berkeley, I cannot tail for Thursday./
Mr. Williams, Doeb your ladyship remem«
ber the letter you received firom an unlmown
hand ?— Lady Berkeley. Yes, I do.
Mr. Williams, Did you shew that letter, or
read it to my lord Grev ?
Lady Berkeley. B!fy lord Grey came up to
me, and seemed to be very careful of my con*
cems ; Madam, said he. Pray take care, fsr I
saw ai letter directed to your ladyship, without
tbe mark of tbe post, or the penny-post upon
it. And, said he, I give you tliis caution about
it before it comes to you. Because my lord
was by, I arose up and went to tbe other Ma
of the room, and mv lord Grey followed me,
and when I took up the letter, I saw something
that I thought to be rery odd and unusual iif
his carriage, as if he were in great disorder, as
I was ; and I went to my chamber, thitiber myi
lord Grey followed me, and that letter be
would see, because he said, it had put me
in some disorder : I told him be should not see
it as then. I sentfiir my daughter Lucy into
my closet, and diewed it her, and she was in
great disorder about it too.
V Mr. Williams, Pray, Madam, can yon re-
member whether that letter did caution you to
look well to yonr daughter, or else you were
not like to have ber company lonj^ ?
JLoAy Berkeley, The letter did say some
such tning, I must look after my daughter, or
I should lose her.
Mr. Thompson. And this was on the Friday,
before she left your ladyship, Madam, was it
not? '
Lady Berkeley, Yes, it was so, I think.
Mr. Williams, Pray, Madam, what did my
lord Grey say upon Uiat ?
Lady Berkeuy. He was extreoMly earnest
to see the letter, because, he said, it had so
disordered me ; and at laflt I was persuaded tn
let him see the letter : he turned tiie letter up-
side down, and looked on the subseriptien.
Madam, says he, is this all that dsord^rs yoo
so much, 1 am used to have many suoh letters
Ijy the penny-post; this is nothing^ but to
amii^se yon. It ia a very siHy letter, and writ-
ten by some woman, as you may see by the
spel1ii>g.
Mr. Williams, Did he caution you to lock
up y oni * daughter at nights to secure h^ ?
£ady Berkeley, Not one word upon this
letter ; bvt the next morning again lalking
about this letter, he said. It was a foolish fetter,
and what siHould I trouble myself about it fi)r ?
Mr. TFiilt. W. But, Madam, had you any
caution girei t you by my lord Grey about this
time, to take t ^are or your daughter P
Ladyfieribe»Vy. Not that I remember, to
lode her up.
Mr. Williams, What theft did he say ?
I
171] OTATETWAL8, 34CflARt£s II. iSB^.'^lirial of Lord Grey imiMhm^ Cl7«
Ii«dy JBerfte/ey. I will tell you what he said
to me once or twice. Madam, whatever you
do, do not make her desperate. I asked him
what he meant by that word ? Said he, It is
Bot necessary to explain tliat word to you ; I
meant hothiDg*, but do not use her ill. Now,
nnr lord, I was so f^x from that, that I used her
TVtth all the tenderness of a motl)er, like a
aster rather than a daughter ; na}', he himself
has confessed, she was better used tlian he
imagfined she was.
Mr. Williams. Did your ladyship, at any
time, intimate to my lord Grey, that you had
any apprehensions of her intending to go
away?
Lady Berkeley. I did tell him. That when I
was at London^ my woman that lay with her,
did rise about 8 o'clock, and left ray daughter
alone in the room, and when she came up
ag^n, my daughter had put on her hood and
fcarf, and her petticoat was pinned up, as ready
to go out, and the woman being affrighted at
this, called up my other daughter, and so pre-
vented it ; uid sdW came and told me she had
. pinned up her petticoat thus about her, and she
did not Know what she meant to do. Upon
this I went to my daughter, and, said I, What
is the reason that you pinned up your petticoat,
and put on your nood and scarf ? Says she, I
had not my scarf on. But says my woman to
roe, when I came into the room, you thru/st
something into your gown. It is true, I did so.
Madam, said she, but it was upon the account,
I had got a sheet of paper, upon which 1 in-
tended to write, and seeing her come in, I put
it in mygown-
Mr. mlliams. Pray, Madam, did my lord
Grey at any time caution your ladyship about
your daughter, to lock her up, or tell you his
opmion that he thoufht she would leave you?
Lady Berketei/. I cannot positively say
that ; nut he used to say to me, Madam, do not
make her desperate ; I do not know that ever
he advised me, as to the locking her up.
Mr. Tkfiii^ton. Did h^ desire you. Madam,
to take care that she did not go. away irom
you ? — Lady Berkeley. I do not remember it.
. Mr. Williams. Pray, Madam, can you tell
who brought that letter from an unknown hand
to you at Dardants ?
Lady BerkeUv. It came down with other
letters to my lord's steward.
Serj.Je^. But yourladvship says my lord
Grey was very solicitous aoout that letter^
Lady Berkeley, Yes, Sir, he came to me, and
veiy earnestly cautioned me about it : for, said
he, I see there is neither the^ general-yost nor
the penny-post marie upon it. And jtnowing
himself guilty of what ne was guilly of, he
miffht be afraid lest my lord should nee it, and
80 ms business come out.
Mr. Williams. Pray, my lady LiTiCy, do you
vemember that ever my lord Grey ailVised the
locking her up P
Lady Lucy., ][Jpon discoursiyig of the letter
that came mm an unknown hand, my mother
Mid la asy lw4 Grey y sura tfaaj^ is snak a horrid
thins* that it can never be dune ; my lord Gcey
might then reply and say, if you fear it, you
may lock her up : but I do deny that ever %.
heard him say any thing to caution my mo-
tho*, that he thought she was agoing.
Mr. Williams. Madam, the question I ask *-
your ladyship is, whether my lord Grey did or >
no direct or advise to lock her un P
Lady Lucv. Upon my motner's discourse
concerning the unknown letter, and how nd a
thing that would be, he might say, that if site
fewred that, she. might lock her up; but he
never did say that he did think she would ffo.
]^r. Thompson. Pray when was this, Macuun,
how long" before she left the family ?
LadyXiJcy. The day before.
Mr. Williams. Then, Madam, for thedis^
course you had with him at Guildford, what
said he, he would do?
Lady Lucy. It was at London, that, be .
passed his word to so down into the coantry%
Mr. Williams. What did he promise you to
do there. Madam ?
Lady Lucy. He said he would not stir from
Up -Park till he heard from my fother. :
Mr. Williams. What did my lord say to you,
Madam, about the letters he should receive ?
Lady Lucy. He did say he would send U9
all the letters that came to him from her, and
if any came to our hands we were to open
them.
Mr. Williams. Was my lord Grey willing
to receives spy. Madam, upon him?
Lady Lacy. Yes, he was.
Mr. Williams. Was there any letter sent to
your ladyship from my lord Grey ?
Lady Lucy. Yes, there was a letter with one
in it from my lady Harriett.
Mr. WUUams. Have you those letters bjr
you. Madam ?
Lady Lucy. No, I have neither of them
here.
Mr. Williams. Can you tell the contents of it ?
Lady Lucy. I have told them already.
Mr. WilliasHS* Pray, Madam, will you please
to recollect yourself a little, when you were at
Guilford, and told my lord Grey that my lady-
Harriett was eone away, did not my lord teU
you, you had not observed the directions and
advice he gave about her, to lock her up ; and
did not you then answer him, yes, the door was
lodged, but the key was left in ?
Lady Lucy. I (fid reply, the woman had not
locked it carefully enough after her.
Mr. Williams. Did you not say, thai the door
was lodged, but the key was left in ?
Lady iMcy. I do not remember a word of
that.
Mr. Williams. Madam, will you please to
cast your eye upon that letter, and see if that
paper be a true copy of the letter you had ?
L. C. J. What paper is that you offer, Mr.
Williams ?
Mr. Williams. It is a letter from the young
lady to my lord Grey.
L. C. J, You know no use can be made of
that paper» why do you offar h ? It iaconluid-
9
»73]
, 34Ch AKLBS II. 1 Gs^.^fcr iehauching Ladytt, Berkeley. [ 1 7i
' ei that mv kml bad the lady in his power, and
tfcni would not slie write any thing ?
Mr. WUiiams. Then, my lord, there is the
ymiDs tedy herself, we desire she may be exa-
UOcll.
Seij. Jcfferies, But before we part with my
bdy Lucy, if you have done, we desire to ask
her a question ; It is here insinuated, as if
Aerefaad been some hardship put upon this
vtmng* lady, or some ill usage m her father's
bnnly : Now for the honour of that noble funily :
I voold have that point cleared ; and therefore
Cray Madam, did you ever observe any un-
mdnesa, any seventy or harsh usage, that
va$ used to tbis lady, Cy my lord or my lady at
uy tnoe?
iLady Lucy. So far from that, that all of us
Jnd a^ealousy that she was loved best.
Seij. Jefferkt. Pray take notice of that, gen-
X. C. J. Phiy, Madam, let roe ask you one
foestioB. AfWr my lady had discovered this
evil affection between my lord Grey and this
yoong lady, did she then pnt any indecent se-
venties iiMRi her, or use her very hardly ?
Lady iMcy. My lord, I came out of France
but two days before she went away. I saw no
such thing.
Mr. WiUiams, We ask her about my lord
Grey, and you ask her about a third person.
Serf. Jtfferies, Oh good Mr. Williams, we
know why we ask her that question. It is an
ezlvaordinary case. Pray my lady Arabella,
will you answer the same question P
Z. C. J. Ay, Madam, pray let me ask you ;
after this ill business between my lord and her
was disoovervd, did my lady Berkeley, (I cannot
say ray lord, for be knew nothing oi" the matter
tid she was gone away) use her ill or un-
kindly?
iMy Arabella, No, no, my lord ; no mother
in the world could be more indulgent and kind.
fihe did indeed find it necessary to have a
stricter eye over her, and she did put a woman
about her to look afler her, and did not permit
her to write any letters. She had, or expressed
a greater kindness for her. than any of us aU
Lady Berkeley, Ay, and that my lord Grey
knows to be true.
X. C J. No, no, when my lord Grey was
in bis passioo, he might say so, but he Las no
proof to shew of it.
Sen. Jejferies, My lady Lucy and my hidy
Arabola, what person did you fear should take
her away, pray ?
Lady Arabella, We were not afraid of any
My but my lord Grey.
LNJy Lu€y, There was no reason for fear of
sny body but hiin.
m. Williams. Vty lord, there is the' young
hdy, we desire she may be sworn.
Ait, Gen. We oppose it. Sir, and have very
^fosd leason so to ooV and we think it is time to
ioitnoWfiferer.
L C. / Wby should she imI be sworn, Mr.
Attoniey f
Just. Dolken, If the lady herself have the
confidence to«be sworn, I see no reason why
she should not.
Att, Gen, This case, my lord, is in the
nature of a ravishment of ward, for it is for
taking a younff lady out of the tuition and cus*
tody of her fatner, who is her guardian by na-
ture, and it is apparent in the proofs, she is
highly criminal in this very matter herself, in
consenting to so away in such a manner, and
to such an evilpurpose ; and now she comes
to excuse one, that is nqt only a partaker in her
lault, but the first seducer. Now, my km!*,
when we have proved this matter of love upon
her, that is laid in the information, sure she
cannot be a witness for them, she would be a
witness to excuse herself.
jL. C. J, Mr. Attorney, I do think truly, t^at
notwithstanding what you say, she may be a
witness, being no party to the information.
But withfd, I thipk there is very little credit to
be given to what she says.
Mr. Williams. Sure these gmtlemen forget
themselves much in offering to liinder or opposs
one*s being a witness, that is no party in the
cause.
Mr. Serj. Jefferies. TVuly, my lord, we would
prevent penury if we could. [Then die was
sworn."]
X. C J. Brother Jefiertes, we cannot oppose
it, if they will press it, and she consent ; but I
tell you wliat I think of it.
Air. WiUiams. If she be sworn, my lord, we
would ask her a question or two. Madam, wc
would desire your ladyship to answer whether
my lord Grey had any hand in your escape ?
Lady Henrietta. No, Sir.
Just. Dolben, You are upon your oath,
Madam ; have a care what you say ; consider
with yourself.
Lady Henrietta. Yes, I know I am npoa
my oath, and I do upon my oath say it
Mr. Williams, Did my lord Grey advise you
io\i?
Lady Henrietta, No, I had no advice frpm
him, nor any Tiody about him, nor did he kno\f
any thing ot it, it was all my own design.
Serj. Jefferies, Madam, 1 would ask you this
question, and pray consider well before you
answer it. Did you see my lord Grey on the
Sunday after you went away from your
father's? — Lady Henrietta. No, I did not.
Serj. Jefferies. Did you see him on Monday T
Lady Henrietta. No,
Serj. Jefferies. Did you on Tuesday?
Lady Henrietta. No.
~ Sen. Jefferies, Didyou on Wednesday ?
,Lady Henrietta, No.
Sen. Jefferies. Good God ! Pray» Madam,
how long aflerwards was it that you saw him?
Lady Henrietta, Sir, it was a great whU
afler. ' .
' Mr. Williams. How many days or weeks
after was it ?
Lady Henrietta. Sir, I cannot teU.
^ Serj. Jefferies, As near as yoa OHi| ;tf^«y^
when was it?
175} STATE TmAL% S^CharlesH. \6%2^TrUl of Lord Grey mid oihtrs, [17S
Lady Henrietta. I cau remember the first
.place toat I saw him at ailer, bat the time ex-
actly 1 cannot. *
JVlr. WUlUmu, Where was that, Madam ?
Lady Henrietta. It was in a hackney-
coach.
Mv, Williami. That wasJhe^me, I suppose,
that you seut fbr him oat of the cofiee-house
in CoYent-Garden ?
Lady Henrietta. Yes, I did so.
Mr. Williams, Pray, Madaiu, did you write
any letter to my lord Grey after your going
away ?
Lady Henrietta, Yes, I did by tjie next post.
Mr. Williams. When did you write that
letter, Madam ?
Lady Henrietta. L did write it upon the
Tuesday after I came away. I hope that is no
ofTence.
X. G* J' No? Is it not? You should have
writ to somebody else sure.
Lady Henrietta. I thought him the fittest
person for me to write to, and I did not imagine
It would be any ways scandalous for hinl, he
h&ng the nearest relation I had in the world,
except my own brother, that could protect me.
Mr. Williams. Had you any answer from
my lord Grey to that matter, Madam ?
Lady Henrietta. Yes ; and a very harsh
letter it was.
Mr. Williams. Did you write him any other ,
fetter?
Lady Henrietta. Yes ; . but I received no
answer of it at all.
Mr. Thompson. Prey, Madam, did my lord
Grey, at any time, persuade you to return to
iyour father's ?
Lady Henrietta, Yes, he did so several
limes.
Seij. Jefferies. Pray, Madam, do you know
Chamock, that was my lord Grey's gentleman ?
Lady Henrietta. Yes, I do.
Serj. Jefferies, Upon your oath, did not he
carry you away firom Durdants ?
liidy Henrietta, No.
S^. Jefferies, Nor did not his wife assist
you initf--Lady Henrietta, No.
Son. Jefferies. Nor was she not with you on
the ounday morning ?
Lady Iienrietta, No, nor was not with me.
Att. Oen. Were you not at Mrs. Hilton's
then, Madam ? — Lady Henrietta. No.
Att, Gen. Were you at Patten^ ?
Lady Henrietta, Wo.
Sol. Gen. Nor at Jones's t
Lady Henrietta. No, nor at Jones's upon
ny oath.
Att: Gen. Prey, who did come with you
fipom Durdants?
Lady Henrietta. I shall not give any ac-
count of that, for I will not betrey any body
for their kindness to me.
Mr. Wallop. If it be no body in the infiirma-
Hon, she is not botmd to tell who it was.
Lady Henrietta. If I hare vowed to tbem
before, not to discover. I wiUaot break my fow
Wlhcin. ^ -
Just. Dolben, If they ask yon of any bod jr
in the information, you nave heard their names,
you must tell if it were any of them, but yoir
are not bound to tell if it were any one else.
Lady Henrietta. No, it was none of them*
I went away upon another account.
X. C, J, If you have no further questions to
ask her, proy. Madam, sit down again.
Lady ^€nrie^^a. Will you not give me lesTO
to tell the reason why I left my father's house ?
Just. Dolben. If they wiU ask you it tbey
may. You are their witness.
Mr. Williams. No, Qiy lord, wedo not thiols
fit to ask her auy such question ; she acquits
us, and that is enough.
Lady Henrietta. But I desire to tell it my^
self.
L. C. J. Truly, I see no reason to permit it»
except we saw you were a mgre indifferent per-
son to give evidence than we find you.
hsidy Henrietta, Willyou not give me leave
to speak for myself?
Just. Dolben, My lord ; let her speak what
she has a mind to, the jury are gentlemen of
discretion- enough, to regard it no more tbaa
they ought. But, madam, for God's sake
consider you are upon your oath ; and do not
add wilful perjury to your other faults. ' ^
Lady Henrietta. I have been very much
reflected upon hei-e to-day, and my reputation
suffers much by tlie censure of the world, and
therefore—
JL. C. J, You have injured your own repu-
tation, and prostituted bc^ your body and your
honour, and are not to be believed*
Justice Jones. You are, madam, to answer
only such questions as are asked you pertineat
to tbe issue that the jury are to try, and if the
counsel will ask you no questions, you are not
to tell any story of yourself.
Mr. Ireton. My lord, as to tbe evidence of
Patien, the case is quite otherwise than they
would represent it to be, about Chamoek's
coming thither for lodgings, for Mrs. Pattes
is a midwife, and used to lay Mrs. Chaniodc,
and it was for her to lye-in at Patten's honae,
because it would be inconvenient to lye-in at
my lord Grr^'s.
L, C. J. What does that signify ? bat prove
what you can.
Mr. Thompson. Where is Mrs. Patten, they
wouki not produce her, because they knew it
was against them ? [She appearing was sworn.]
X. C. J. Well, what do you ask of this
woman now ?
Mr. Ireton, I would ask her, my lord, whe-
ther were there any lodgings bespoke in youp^"
hoQse against September ?
Mrs. Fatten. I know nothing of that
Mr. Ireton. Was there any hody in Jane sr
July at your house to bespoik hnlgioffB ?
Mrs. Fatten. I cannot tdl the mon& nor te
day.
Mr. Thcmpion. prvy, mistresf, speak what
you do know.
> Mrs. Patten. Mr. Chsmoek and bis wife
did come to my boose bat sommer.
I
irrj STATE TRIAIA d4CHAtLStIL i6$i.'^fcrdAauekimgLadjftlBiriekif.[l79
that fiteth any diing of the matter apon my
lord or my lady.
Mr. Wallop, We do hope in your lordahip'a
ob8er?ation8 upon the evidence to the jury,
you will please to take notice, that there ii no
colour of evidence of any actual force unon the
lady which is laid in the information, tnat my
lord did vi et armit abducere. Sec.
L, C. Ji Oh, Mr. Wallop, fear not, I shall
observe riffht to the jury ; but you have read
the book tnat is written concerning juries late*
ly, I perceive. •
Ser|. Jeffl He has studied such books no
doubt, and has learned very good counsel from
Whitacre.
L. C. X Lode you, gentlemen of the jury^
here is an infbrmatiun on the behalf of the
king, against toy lord Grey, and the other de«
fendaiits ; and it doth set forth, that my lord
Grey having married one of the daughters of
the eail of Berkeley, and having opportunitT
thereby of coming to the earl of Berkeley's
house, he did unlawfully solicit the lady Hen«
xietta, another daughter of the earl of Berke*
ley's, a youn^ lady, to unlawful love ; and that
he did entice her irom her lather's house ; and
that he did cauee her to be conveyed away
from thence a|rainst her father's consent ; and
that he did unlawfully use her company atler-
wards in a very ill manner, an unjustifiable
manner ; and tms, gentlemen, is the substance
of the information ; in truth, it is laid, that he
did live in fbrnication with her. Now, gentle-
men, to this, my lord Grey, and the other
persons, the Cnamocks aind the Jones'#
have all pleaded not guilty to it. Now then»
the (Question before you is, whether there
were any such unlawftil solicitation of this
lady's love; and whether there was anv
inveiglement of her to withdraw herself
and run away from her father's house
without his consent ; and whether my
lord Grey did at any time frequent her company
aflerwards. Gentlemen, the evidence that has*
been given, you have heard what it is, and it i^
very plain, if you do believe these witnesses^
that speak it from my lord's own mouthy that
he hiUh a Ipng time unlawfully solicited ner to
lust For there is notliins; else in it, gentle*
men, (that is the plain Enmish of it all) he hns*
enticea her to unlawful lust. My lady slie
gives evidesoe of it from his own mouth, that
mere was an intrigue of unlawful love between
them: She says my lord Grey condemned
himself for it several times, but yet prosecuted/
it ; he ovmed it was a most disinjpennous and
dishonourable thing in him, which indeed it
he did therein in tnith Biake a right
Mr.WiUutms. What was their bnsiBeflB ?
Mrs. Pollen. ForhKlffings.
Mr. JSkommon, Did mey tell>yoa who they
vene for ? Did they talk about lying-in ?
Mrs. Patien, They were only for his wife.
Mr. JErelon. Did lie teU you what time he
duHild come ?
Mis. Patten, He ^ tcil me they were not
fit to come iDto yet, but they might at such a
&De, but the did not know her own reckoning:
Bat Ihe^ were not takoi.
lb-. Lrctom* Are not you a midwife?
Mrs. Patien. 1 was Mis. Chamock's.
L,C.J. What is that to this purpose.*
Seg. Jeffl Now yoa are sweetly brought to
SCO*
Mr. Iretifn. Pray, wooian, vnll yoa tell what
Ifarv said to y oo ?
Ars. Patten, Mr. Chamock and Iiis wife
eaaie to our bouse for lodgingnk 1 adsed her
wfae they were for ; she saidthey were for a
Ijeotlefiroiiian. I asked her • who she wasi
Says slie, iur myself to lye-inhere. Said I,
how oomes that about ? Says she, about the
tine diat I reckon my lord's family will bcr in
town, end I find it not convenient to lye-in at
our own house ; then my father and mother
Wie sent Ibr me into the country', to lye^in
tbei^ but I cannot think of going tiiither,
hecarae of changing my midwife. Then, said
I, truly. Mis. Chamock, any thine in my
Invae w at your service. Said she, I think it
eonvenioit rather to be here than to go ii)to the
eoQDtry ; but I do not desire that my lord's
lunily should know that I intend to Ive-m here,
for I weuld notinccmvenience mv lady's house,
«Dd yet my lady, it may be, will not permit me
Id go out.
£. C. J. But, mistress, there came one to
your house from Mrs. Hilton's, who was
Mrs. Patten, I do not know ; I was not at
hsme then.
L. C. J, Did you not come home before
Ib^ went away ?
Mrs. Patten, No, Sir.
Srij. Jeff, Was that woman they brought to
)ye-in in your house, mistress ?
Mrs. Patten. Who (!o you mean, Sir ?
Sen. J^, The other gentlew<mian that came
with Mrs. Chamock and Mrs. Hilton* The
fadv that spoke just now.
Mrs. Patten, I do not know ; I never saw
her &oe in my life, that I know of; what m^
hosbaml saw I cannot tell, I saw her not ; it
laay be die, it may be not, for any thing I
know.
L. C. /. Well, gentlemen, have you done,
viQ you call any more witnesses ?
B^. WiUiamt, We have done, unless t)||ey
aH any more.
8e^. J^, We bhall only cidl a noble lord,
Ay kvd of Ayled>ury, to testify what he
koowi, being' very much conversant in the
JanOyy of the treatment he ha^ observed of this
L C, J. That needs not, for thei e is nobody
TOt,iJiC.
was
estimate of the thing. He did own he bad.
betrayed the fhmily, and brought it into great
scandal, and had abused both father and mother
by this ninlavrful sdUdtation of their daughter
to this unworthy wicked affectioi^; but he ex-
cused it all with the greatness of his passion,
and that was all ; he prayed her to consider, it
was a great and passionate love, a love that
he coold not rssist; he loved her above all
179] STATE TRIALS, 34 CHARLES 11. l6S2.—7K«i 4)/ ^'^*^''<y^«*^'*«'«' U^^
tvomen living, and many fair promues of
nraendment and desisting be made, but you see
how he has performed them. Yon hear my
lady Arabella tells yoa there was a letter writ-
ten* by my lady Harriett, this lady that appears
]K)w m court as a witness for my lord Grer,
which she had oat of her own band, and she teils
you the effect of it ; it was to invite my lord
toother nii^t, as be had been with her a rormer
Might ; and to shew the greatness of Jier long-
ing for him, she desires it might be 4|aick1v,
not ft> stay till Monday, for if he did, she should
be mipfhty impatient, if he delayed so long ;
and wftbal idie told him, her sister Beit, which
J take to be my lady Arabella, had set dis-
cerered h, nor neard the noise fliat was be-
tween them that night they w«re totfetiier.
My lady Lucy, idie tells yon, he owned there
was an unlawAal love between hfad and her
lister, it must tiecds then be true, if he DWti«d
t to her, and he said that it put him nneii
mighty inconTeniencses, and he owned he fiad
done so raoch wrong to the Ihuuly, that he
could never repair it. You hear mf My tells
Von she forbid him the ikmily ; and you hear
likewise, what Ir^ desi^s ne had, and what
he pretended th^ he might eonthitle to oetne
to the family, if you believe mv lady. For he
pretended that this would bo tne wair to make
It public, if he were ihrbid the house altogetber ;
bnt be woold be under her dlreetimi, he would
do nothing but what she shotdd approve of;
that he would not apply himself to her daughter
to speak to Iier, nor write to her. And you
hear that fbr all this, he did, before my lady
Arul)ella, vent a great deal of passion for her,
that she was the only person in the world he had
any love for ; that my laily Arabella tells you i^
heard him say, m heii he had seen her fall down
like a dead woman. When he had made my
lady a proimif^e that he would not oame without
U*»'e^ he sends his own wife thither first to heir
that he might come down,' and very earnest
and importunate she was with her mother^ not
knowing any thing of the intrigue, bat was
tnado instmnicutal to get leave te ctimedown.
And Ht Irniyth Irjtve was given hiui to dine
theiT, as he ^>'t;nt to Sussex ; hut he comes at
9 o'riock at night, and then excnses were made
by him for it 5 any my k>rd Berkeley desiring
him to stay, who was not acquainted wi^the
unlawful affection that was betweeil his daugh-
ter and him, and aocordiu<<]y he did stay till
Haturday. You hear, gentlemen, what is said
to you now, as to her carrying away, fbr all
that has been hitherto o!»served to you, has
been only to the UAlavvfiil solicitation of this
lady to unlawful love. My lady tells you, that
that very night that my lord Gi-^y went from
her house was her daughter carrifid away.
\ 6n see then, the question will be, whether iny
lord had any hand in carry ingf her away, and
for that you nmst weiw-h thcjjc circumstances.
It is pretty manifriit that this coachman,
that is, Oharnock, did earry h^r away. Now
the chaplain, tells you, that my lord wni carnpst
ill several dhicoiirses that (by with Charuock,
and uader some great trouble, he could diaoena
that in his oountenanoe ; and several tiaMs he
was sent for to him, as thoogh there was some
mighty earnest business imposed upon Char-
nock to do. Clraraock made as though he
went away, it seems with his lord, who went
away about 4 o'clock ; and the lady was carried
away m the moniing between 14 ami 1) which
is the time spoken of. Now to prove that
Cbamock carried her away, yoa iiave these
circumstances : She was brouelit to the heoae
of Hilton, there waa a lady brought in diere
that morning* about 9 o^elock by Chamock ;
Cbamock was the afternoon before going to
Up-Psn^ with hia kyrd, but it is manifest 4iat he
was back that morning at London, and ao
brought the lady thither that nomiag. If you
believe Hilton, the witness, it is manifest she
had been a journey, and was very weary, so
that ahi^was fidn to go to bed at 9 o'clock.
This tady that waa there brought by Chamock
and his wife, was afierwaids carried to Pattea'^s
home, MfB. Hiltot^awean it ; and Mr. Fatten
aweara they did eome in there. There was a
great deal of holler uaed m the case, and car^
taken ; and Mra. nllfeoii tells you why ; thej
taw same men about the door, which the^
were afraid night be men that came to look
after the lady, and ao they slid away througta
the badc-door, which proves somethm^ in that
she was t5 be ^Mneeated. Then consider the
cireumstances of the clothes that do so exact! j
agree. There was a gown with red and greeil
flowers stripied, and there was petticoat striped
with red, and a white onilted petticoat under
that the hdy had on that came to Patten 'a;
and the lady's woman who lay with her and
looked afVer her, describes to you her gowo
and petticoat to be the same as those were thai
the lady had on, who was hurried away from
Patten's house at night to another lodginrj^
Yfe cannot indeed discover where that was»
Now then, afler this, my lord Grey, he und^*
takes to my lady Berkeley, that *be would g9
to Up-Park, and stay there till he had leavo
to come to town. Patten who saw the lady|
swears this js the very lady tibat sits here, and
who has been examined, but denies it If she
was the lady that was brought to Patten's, she
was the same tliat was brought to Hilton's^
whither Chamock brought her ; and so there
is a full evidence of the guilt of Chamock and
his wife, who was the solicitor about the busi-
ness, took lodgings for ^er, helped her away
from Hilton's, and helped her to Patten's, and
from Patten's some where else. So that if yoa
believe tbero, Chamock and bis wife are bo^
ffuilty . As to my lord Grijy, who w^ent to Up-
Park on the Wednesday, soon afler he came tb
town again, and it is positively sworn that he
came to Jones's upon the Tuesday, and sesft
fbr Jones ont to come to him, who was in a
hncknoy-coadi, where he discoursed with him a
pretf^ while, and afterwards the room is pro-
vided for the lady up two pah* of stairs in Jones's
house. She is brought thither, my lord Grey
came twice to the house, and both times without
jai] STATE TBIALS, 34 Charlks II. i6S7^9rdA&ueking Lady H.Berketey. [i$t
Ms petiiwig, «s fhe maid swears she knew him
vefj w^j and there he toek lodfings ^ a
fady, and that lady came after wardS. Now if
this fiiUsout to be my lord Berkeley's daughter
tbeD you hare it pushed home upon iny kurd
Grey. That this was my k>rd Berkeley's
-danghilery yen have diis endenee made op of
drcamslaiiees. EiraC, the mflicy used in the
case by my lord, to have au so pnrstely ma-
ftaeed. Another circtmstanoe there is, though
at first it seems hut sfight, yet if it be wdl eon-
sidered will signify very much, and that is what
the naid does testify. 6be says her linen was
broogiit down to be washed, and ihere was a
«iiift that was veiy remaiicable, for it had the
body of one sort of cloth, and the sleeres of
SBoiher, and that she took special notice of it,
sod theaoe woaM have eenduded that the
lady was not a person of <]«iUty ; and anoflier
of those very shiAs that belonged to my lady
Hanriett was brought to tier aflerwards, and
«he swears it was of thesame fashion and make
with tiMt which the lady had tiiat lodged iu
their iMMne ; and it was, as aH do agree, just
4nilie same manner as this was, with the fclody
of one doth and llie sleeres of another. Then,
there is colonel Fitz-Gerrard was in those Yery
lodgiDes at Hiat time ; and he comes and tells
yon, ^at having heard of my lord Berkeley's
daughter's departure from herfatber, and coa-
odenz^the cireumstances that he had heai'd
the maid say that it waCs my h>rd Prey's mis-
tress that was broughtin thrther, and such other
drcomstaao^s concurring, he did condnde this
Is be ^be ladv, and be tens Jones his suspicions
concer ning it (whose wife was by the way so
very officious to conceal the lady, that she
would not snfier her maids to come up stairs,
but would rs^er shut np the shop-nindows
herself, than the maids shonld come to see
her.) Mr. Jimes b«rin^ discourse with the oo-
Isaei aboot this, and iioding the lady was
smoked, was amrry at the c^onePs curiosi^
which increased the ctrfonel's suspicion. He
tali Jones, this must needs be the lady, and 3
wiB see her. Which he very much fearing, in-
Healed him ttot'to disturb the house at that time
of night, and upon pomise tolet him see her the
QcstnwuDgjlie desisted; but told him, he
knew not what be was doing, he did a very ill
tfaiogto conceal a yonng lady from her friends ;
hcrnther and mother not knowing where she
was, nuight give her ^rer for dead. But in the
aomiDgtfae lady was conreyed away. This,
Id me is m idirewd circnmstance that Jones knew
her fo be the iady, and to conceal all the
Mter, got so much titbe to send her away.
1*0 wl^t pnrpose else was she carried away,
when the colonel was to see her, that he might
be ntisfied about his suspicion, and so acquaint
herfttherf But she was conveyed away pre-
smdy. Oendenaen it is mantfest by all the
witiKSies, nnd by ^hat the defendants coun-
sel theoMciTes opened, that umler this ab-
sence^ the lady from her^ber, he had an
imercourse of liters with her, which is a great
ciiBaiDfllaiiee to prove that she was .caiTied i
away by kis contrivance. He couUl tell the lady
Lncyy^hatshe should never be bi*ought back
again, without he might have leave to visit
her. So that, it seems, he had full po^er over
hear. There is another gentleman, who has
told yon he wassetas ai^y over him ; and if
you believe htm, my lord Grey has made a
confession to him as he would to his ghostly fa-
ther ; he has told you the intrigue of all his
unlawful love, from the beginning to the end ;
how long he was engaged in it before he had
any comibrt I'rom the lady, when he had the
finst demonstratioa of kindness from her, and
the ii4iole matter all along. There is another
gentleman that was sent to treat with my lord
(Mr. Smith) concerning this ; he tells you my
Iprd Grey and he being in a long discourse, he
oflered that he would «li ver her to one person^
but not to another ; She should be first sent to
his bcother-^n-law, Jfr. Nevil's in Berk^ire ;
afterw ar ds to another place, Mr. Petit's, so as
he might have access to her ; but he tells you
also, this was the conclusion of all, he would
never part with her, nor never deliver her,
upon any other terms, than that he mis^ht have
access to her whenever he would. Now lay
all this together, and see what it amounts to.
He that had so great a passion for her, he that
could not be without a sight of her, but used
such ways to come to speak to her ; he that
had letters from her all along ; he that liad
such power over her, that he could deliver her,
as he said, or tfDt, and would keep her in spite
of her fiither, unless he might have leave to
visit her as often as he pleased ; and consider
then i say whether it is not more probable, that
he had a hand in carry in^f her away. It is
plain, beyond all contradiction, she wascaiTied
away by his man, who was in his company that
night ; he pretended to go to Up-park, but wa*
in London the next morning by nine o'clock.
Mylonlcame aiVerr/ards to take lodgiugs lor
her, two days one afVer another. Whether then
he be not as guilty as Charnock, or Rny^f the
rest, nay, inmd, the main mover or this ill
thin^, you are to consider upon the evidence
thatlias been given. Biut you must, withal,
take into your consideration, what tny lord
Orey says lor himself. He ariced several ques-
tions of the ladi^ that were examined, but
truly never a one worth the remembering, that
I know of, or that made to his purpose. He
does indeed pretend that the young lady was
hardly used at bosM, end that she ned to him
as to a sanctuary for protection ; and you hear
the several witnesses examined to that point ;
and ibey all say she was used, notwithstanding
the discovery of ^s ill business, with the great-
est kindnesa and respect that a child couhl be
used with by her mother, and no hardship put
upon her but only she was forbid to write any
letters to my lord Grey, and had a maid put
upon her to keep her from running away, be-
cause once berore she attempted it, 4U3 her
mother did believe. The lady berselt is bere»
she has been examined ; she indeed denies this
all along ; she says that this coach-man Char*
163] STATE TRIALS, 34CflAmLSsII. \€s%r^THalcf lAn'dGrejfandoiheri,[%B^
nock diil not cany her away ; she says she was i
not at Hilton's, nor at Patten's, nor ai Jones's ; ■
that she never see my lord Grey till a long time
aAer she went from her fatberV But this is
all disproved by the other witnesses; and so
whether you will believe her single testimony,
or their's, I must leave it to you. You must
iMnslder under what circumstances she is, and
traly she doth not seem to be any way fit to be
betieyed in this matter. Jones and his wife
are as guilty as any of the rest, for their con- I
trivance to keep her secret, especially after that
be had promised Fitzgerrard to letlum see her.
Look you, as to the long discourse my lord
Grey made, I must tell you, it is not to he be-
lieved further than it is proved. Now my lord
Grey did tell us, that he irom time to time had
given caution to my lady, that she should look
to her daughter, and lock her up, for else she
would, as he believed, mn away. My lady
denies it all, and so it goS-all for nothing, and
^ou are to take no notice of it I must U«ye it
to you whether you do believe whi^ these wit-
nesses have sworn, if you do believe the evi-
dence produced for tlie king, most certainly
they are all five guilty of the chaige in the
information.
Just Doiben, There is no evidence against
Rebecca Jones.
X. C. J. No, thete is not.
Sen. Jeferiet, No, we cannot insist upon it
that there b, you must find her not guiky .
Just. Jonet. 1 must remember you of 6ne
^hing, gentlemen, and that is, what dropped
frommv lord Grey's own mouth, that when
my lonf, as he says, g^ve his advice that she |
should be looked ailer carefully, he would not
give his reason for it, but atler he di(i, as he
says, tell it my lady Lucy, that she complained
rto him at St John's, that she led the liie of a
dog, or a slave, and she would not endure it
any longer, imd desired him to assist her, or
she would do herself a mischief. Why was not
this told before f
L, C. J. Ay, hot brother, my lady Berkeley
denies it all too.
[Then the jury began to withdraw.]
Earl pf Berkeley. My lord chief justice, I
j^ire I may haye my daughter delivered to
me agaip.
L, C. J. My lord Berkeley must have his
daughter again. •
IMy Henrietta^ I will not go to my fiUher
Just. Dotben, My k)rd, she being now in
court, and there bemg a Homine replegiando
l^inst my lord Grey, for her, upon wluch he
was committeil, we must now examine her.
Are you under any custody or lestraint,
Jttailaw ?
Lady Henrietta, Nq, my lord, I ao[i not
X. C. /. Then we cannot deny my lord
pprke.ey the custody of his own daughter.
Lady Henrietta, My lord, I am married.
X. C. J. To whom ?
IMj Henrietta, To J|r, Turner.
L.C.J. WhatTumerr Whereisbe?
Lady Henrietta, He is here in court.
£He being among the crowds ^'ay was made
for him to come ip, and he stood by the lady
and the judges.]
X. C. X Let's see him that has manied yon.
Are you mapied to this lady f
w. I^tmer. Yes, I am so, ipy lord.
X. C. J. What are you P
Mr. Turner, i am a gentlenian.
X. C. /. Where do you live ?
Mr. Turner. Sometmies in town, sometioiec
in the country. ,
X. C. X iVhere do you live when you are in
the country ?
Mr. Turner. Sometimes in Somersetshire
Just Dolben, He is, I believe, the son of
sir WiUiam Turner that was the advocate, lie
is a little like him.
Serj. Jefferiei, Ay, we aD know Mr. Tumor
well enough. And to satisfy you this is all a
part of the same design, and one of the foidcat
practices that eyer was used, we shall proye he
was married to another person before, that ia
now alive, and has children by him.
Mr. Turner. Ay, do, sir George, if you cao,
tor there never was any such thmg.
Seg. Jejferiet. Pray, Sir, did not vou liye at
Bromley with a woman as man and wife, and
had divers children, and living so intimately
were you not questioned for it, and you and
she owned yourselves to be man and wife ?
Mr. Turner. My lord, there is no snch
thing ; but this is my wife I do acknowledge.
Att. Gen. We pray, my lord, that he may
have his oath.
Mr. Turner. My lord, here are the wit-
nesses ready to prove it that were by.
Earl of Berkeley. Truly as to that, to
examine this matter by witnesses, I cwiceiye
this Court, tliough it m a great Court, yet baa
not the ci^nizance of marriages : and though
here be a pretence of a marriage, yet I kn6vr
you will not determine it, bow ready soever be
be to make it out by witnesses, but 1 desire
shenuu' be delivered up to me, her father^
and let him take his remedy.
L.C.J. I see no reason but my lord may
take his daughter^
Eail of Berkeley. I desire the Court will
deliver her to me.
Just Dolben. My lord, we cannot dispose of
any other man's wife, and tliey say they are
inarried. We have nothioe to do in it
X. C. X My lord Beikdey, your daughter
is free lor you to take her; as for Mr.Turoer^
if he thiolu he has any right to the lady, let
him take his course. Are you at tiberty and
under uo restraint P
Lady Henrietta. I will go with my husband.
Earl of Berkeley. Uussey, you shall go
with me home.
Lady Henrietta., I will go with my husbaud,
Eariof Berkeley. Hussey, you shall go with
me, I say.
Lady Ucnrietta, I will go with my hi^|)iMkd^
185] STATE TRIALS, 34CaARULSlI. \6H^^§rd(imu:kimgtttdyH.Birkdeg.[l^
JmAj Henrietta. I w31 go with my hOB-
band.
Eaii «f Berkeley, Then all that are my
inends seize her I charae you.
X. C J. Nay, let us have no hreakiug' of the
peace in the Court. But, jmy lord Cayendisb,
the Court doea perceire. 3rou have appre-
hended youraelf to be afironted by that gf entle-
man Mr. Craven's naming jpu in his evi-
dence ; and taking notice ot it, they think fit
to let ymi know, that they expect you should
nof think of righting yourself, as they have
some thoughts you may intend. And there-
fore you must lay aside any such thoughts of
any such satisfacSuon. You would do yoursdf
more wrong by attempting to right yourself in
any such way.
Lord CuvewUsh. My lord, I am satisfied
that your lordship does think it was imperti-
nently spoken by him, and shall not concern
myself any further, but only desire that the
Court would give him some reproof for it.
Then the Court broke up, and passings
through the hall there was a great scuffle
about the lady, and swords drawn on both
sides, but my Im chief justice coming by, or-
dered the tipstaff that attended him (who had
formerly a warrant to search for her and take
her into custody) to take charge of her, and
carry her over to the King's-boich ; and Mr.
Turner asking if he should be committed too,
the chief justice told him, he might go widi
her if he would, which he did, and as it is re-
ported, they hiy together that night in the
Marshal's-house, and she was relei^ out of
prison, by order of the Court, the last day of
the term.
Mr. WUUama. Now the lady is here, I sup-
pose my lord Grey must be disdiarged of his
BBprisoiiineDt.
sen. J^me». No, my lord, we pray he
ma? be continaed in custody.
L. C. J. Hofw can we do that, brother, the
commitmeBt upon the Writ De Homine Reple-
giando ia but &1 the body be pindooed, and
here she is, and says, she is under no re-
strainl.
Sesg. Jefferiei. My lord, if yon please to
lake a littie time'to oonsid^ of it, we hope we
may aatisly yon that he ought still to he in
curtody.
X. C. J. That you can never jlo, brother.
Serj. Je^^rtes. But your lordship sees upon
the pitxiD to day, this is a cause of an extra-
wdinary ibul nature, and what verdict the jury
may give upon it we do not know.
Att, Gen. The truth of it is, we would have
my kivd Grey forth-coming, in case he should
be couricted, to receive the judgment of the
Court.
X. C. J. Yon cannot have ju^^fment this
lens, Mr. Attorney, that is to be sure, for there
are not ibur days left. And my lord Grey is
to be found to lie sure, there never yet, before
this, was any thin&f that reflected upon him,
tboQirh this, indeed is too much and too black
if hebeffuilty.
Joflt.I>o/^. Brother, you do ill to press us
to what cannot be <lone ; we, it may be, went
Xnrther than ordinary in what we did, in com-
mitting him, being a peer, but we did it to get
tbe young lady at liberty ; here she now ap-
peals, and says she is under no restraint ;
what shall we do ? She is properly the plain-
tiifin the Homine Repl^iando, and must de-
clare, if she please, but we cannot detain him in
custody.
X. C. J. My lord shall g^ve security to an-
swer her suit upon the Homine Replegiando.
Mr. Williams, We will do it imme<uately.
X. C J. We did, when it was moved the
other day by my brother Maynard, who toM
OB of ancient precedents, promise to look into
them, and when we did so, we found them to
be as much to the purpose, as if he had cast
his cap into the air, they signified nothing at 1
all to his point But we did then tell hihi
(as we did at fost tdl my lord so) if he did
• produce the lady, we would immediately bail
bim. And she being[ now produced, we are
bound by law to bail nun. Take his bail.
[And accordingly he was bailed at the suit of
the lady Henrietta Berkeley, by Mr. Forrester,
and BIr. Thomas Wharton.]
EarlofBer^%. My lord, I desire I may
bare my daughter M;ain.
X. C. X My kwa, we do not hinder you,
jou may take ber.
On the morning after the trial, being Friday
the 24th of November, the jury that tried the
cause, havinff (as is usual in all cases not
capital tried at the bar, where the Court do
not sit long enough to take the verdict) given
in a private vermct the evening before, at a
judge's chamber, and being now called over,
all appeared, and being askra if they did abide
by the verdict that they ^ve the night before,
they answered, yes ; which was read by the
clerK of the crown to be, that all the defendants
were godty of the matters charged in the in-
formation, except Rebecca Jones, who was not
guilty ; which verdict beinsf recorded, was ^
commended by the Court and the king's coun-
sel, and the iury discharged.
But in the next vacation the matter was
compromised, aod so no judgment was ever
prayed, or entered upon record, but Mr. At-i
totney General was pleased, before the next
Hilary-Term, to enter a Noli Prosequi as tci
all the defendlants.*
♦ 8ee the next Case.
1 87] STATE nUALS, S5 CHAKlss II. l€S3.—TruU of Uiamst PiJkingt^n, [i D^
291. The Trial of Thomas Pilkington,* esq. Samuel Shute,
esq. Sheriffs, HfiNar Cornish,! Alderman, Ford Lord Grey
of Werk, Sir Thomas Player, knt. Chamberlain of London,
Slingsbf B£tu£L,:{; esq. Francois Jj!:nk.8,|| John Deagx.^:,
Richard Freeman, Richard Good£nough,4 Robert Kkv,
John Wic^cham, Samuel Swinock, John jekyll. Senior,
at Nisi Prius at the Guildhall of London, for a Riot, and an
Assault and Battciy on Sir John Moore, then Lord Mayor :
35 Charles IL a.d. 1683.
the traDsactions, howerer limited witibm the
liberties of the city, which was bnt a pii«
vate capacity, yet, consequently, iheyim-
prored to a grand crisis of state, and hinged
aboat the whole ma^ne of king Charles 2*8
government, from * & poStwre of jpreat uncer-
tainty, trouble, ^^d hazard ox the public
pubhc peace, to a complete settlement of
him and hia authority in a shining serenity
and peace. And this tranquillity, to the utter
confosion of the adFei:se party, continued,
with little shew of chanee, till that immense
and dolor ious loss by nis demise, when the
sluice-gates of change opened : But those
affairs are beyond the limits of my luider-
taking to account for. But, as I said before,
little remains above ground to noti^. these
brigues, that had audi monstrous effect, to
posterity ; and, like the items of Gates's
plot, are^ as the acts of the heroes of
antiquity, turned into fable, as it
{lloger North writes thus as to the contests re
specatbg the elections of Sherifis of London
out of which this case arose :
<< I intend now to present a denouement of af-
fairs, a new turn, which happened upon cer-
tain rectifications, brougiit about in the city
^ London in the year 1682 ; and began in
gaining the . election of sir John Moore for
lord mayor, and was followed by the sp-
polntment of sir Dudley North and sir
Feter Rich for sherifis, whereupon Igno-
ramus vanished : Bnt all this was not done
without immense concussions and noise, that
affected not only the city of London, and the
countries thereabouts, but, in great nieasui:e,
all England besides. The author hath given
nothing considerable of this whole matter,
whereby any thing of it may be understood ;
. but only some snatches of nicts, either mis-
taken or false, which serve in the quality of
mishapen vehicles of his base detraction.
I have iiideed wondered oflcn that, among
the many books, of one sort or other, that
have come out, whereof some, as this au-
thor, pretend to be historical, and even of
those very times, yet none have oflered at
a clear ration ef these city doings ; al-
' tiiongh the importanoe of them, to the pub-
lic, was great ; and they were full of strange
turns and «urprises, such as, I think, none,
Imt the Englisn -stage, could present. For
* From a painphlet, entitled, " The Triid
« of Tbo. Pilkington, esj. CbmudSfaule^ esq.
* nheriffs ; Henry Csmish alderman ; Ford
* Lord Grey, ef Werk; mt Tho. flayer, knt.
* ohamberlain of London ; SHtngsby Bethel,
' <8q. ; Francis Jenkc, John Dewe, Richard
< Fi»eemAn,Riohaid€roadenofij^h,llobertKey,
* John Wickham, Sawuel Swinock, and John
« Jekyll, an. fbr the Riot at Guildhall, 4>n
^MidsuiiiiDer-day, 1689. Being the day for
'•election «f shcrifls for the year ensniitf.
« Londan : Printed for Thorans Dring, at the
* Hairaw, at the corner of Chanoery^lane end,
* in Fleet-street; 1683.' "
•« May 11, 1688. I do appoint Tho. Dring
« to print this trial, and that no other
** person presume to print the same.
«* EUM. Saunoers."
See 1 Burnet's (hvn Times, 535. Pilkington
was afterwards Lord Mayor for two yean to-
geOier, 1689, 1690.
were.
or notliing. And therefore I take faints
from the author to revive here what can
be recollected of them by one who, in
those days, attended close at all public
agitations of the time, and of these move^
ments more especially.
" Very much dependea on the character ot
that single citizen, sir John Moore. He
was a person very grave, and of a retired
and virdious course of life; conformable,
— ^'■■'»^— ^— «»■»— ^»— .^»— ^^— — — — ^^~.— — ■ ■ »^-^.«»—
t Sea his Case for High Treason, a. d. 1685 »
post,
t See his Case, vol. 8, p. 747, of this Col-
lection.
II See his Case, a.d. 1676, vol. 6, p. U90p
of this Collection.
$ In N. Luttrell^ M8. ^ Brief Historical
Relation," Sec. in thelibrary of All Soiris' Col-
lege, Qxiford, the tbllowing account is civen of
a remarkaUa exercise upon this Gootmoiufli
of the power of commitmeHt, as it seems, f^r
contempt: '< The 4th September, 16812, the
sessk>ns hegan at Hkdcs^-inril, for the county
of Middlesex, when 4he ^ry fonnd several
bills ; and upon comjdaint against Mr. Good-
enough, the under-sheriff, for ftot providing %
dinner for their worships, the justices com-
mitted him to prison denying bail."
Of this Goodenougb, see more in the report
of the Trial of Cornish, for High Treason, a. d.
1685, in this Collection.
♦
199] STATE TRIALS, 35 Chahlbs II. l6S3.*-«uf othenji^ a Jttat. [190
did not aifect the retarn of juries, w^ich was
their palladium ; therefore they <Ud not
unite as one to ' exclude liini, as tliej- did to
cany the choice for sherifis ; else (as was
seenjn that case) he could nerer have been
chosen. And, if ther had had a magica(
intuition that air Jonn Moore had been ca-*
pable of acting against them as he did, tltej
na(f ibuglit at the choice as high against
him, as ever they did asfainst any other. I
cannot but reflect on rae vanity of craft ia
afTairs of the public, liable to strange un«
foreseen turns, and derived upon tne least
accidents that gire a start to them. For
here the singnkr character of this good
man, which had' not its like perhaps in all
the three kingdoms, coming on by a sort of
contingent, under which the faction was not
alarmed, and the loytdists had but iain.t
hopes, produced an exquisite opposition to
the party, and, in the end, deprived them of
their fortress «yf the sherifTs office, and laid
them open, in London and Middlesex, to the
ereat and small i^iot of the law, for their
daring unguarded misdeeds ; than which no-
thing could have happened more fatal to the
whole ordonnance and strength of thefadion :
The steps and manner of which erent to ex-
n, is the bnsinesB of what foIlowB.
»(h been before observed that the best,
and, gencndly, most substantial of the citi-
sens, whom the author honours with the title
• of the Court Part^, were much concerned at
the disorder tile city was in ; whereof almost
the whole amhority and justice was fkHeo
into the hands of a party, and the very exte-
rior ooontenmee of^ the city was altered for
the worse/ All the feattmg and common
gtiod feilowriiip of the neighbourhood Biid
aside ; and, in ooflfee-houses and comers of
the streets, continoal debates about party
makittt^ and party working, and not seldom
right down scoldmc and ouarrelmg. lliia
eager contention shewed tnere was a good
body of citisens, that hod ffood hearts and
spirits, and who would readily join in any
reasonable methods, as might be found, to
i^estore the ancient order and course of Hying
in the city. And this 'party, among th^
better sort, was observed to encrease in num-
bers, diligence and application, by their rea-
soning with the Kvery mep, modeititing
them, if possible, to comply somewhat with
the government, and not always to make
scandalous elections of sheriffs, as they had
lately done ; minding them of the peace and
vast trade they had had, and stiu enjoyed
under the govemn^ent, and that such into-
lerable oppositions jnust, at length, come to a
rupture and lose all. So the peaceable citi-
zens to those who perpetualfy raved about
with the words « Popery, French, and ar-
* bitrary Power' flammg out at their mouths.
On the other side, the court and tbeif friends
were not idle ; but very many of them came
and kept company with the friendly citizens,
encouraging and countenaBcmg them. Th«
ooDdlaiit St chvroh, of loyal prjndples,
and T«rT jnataad'honest in all his dealings ;
all which his very enemies coirid not deny :
ilnd aWioagh all the factions party would
have made him their property, yet few
intended him, personally, any harm. He
was hynalnre, not only careinl, but also
▼eiy learfiil of consequences ; but, being
once satisfied of the justice in what con-
cerned him to do, he wanted no resolution
or eovrage to perform it. f n the mean time,
hv bein^ suspicious, dubious, caiiteious, and
not soon determined, but hesitatory on unusual
• oceiirrencea iu his office, madt^nim pass for
a person timidous, and oSl a fidtle and iire-
aolute temper ; otherwise he had not been
mayor at that time, as will be shewed.
He was forward in nothing, and, being sen-
sible of his soft unsteady elocution, inclined
to silence: but his behavioar was always
modest and respectful to all, and, by his
wonfe or carnage, offemling none, but to his
hetiers extreme submiss. His oithnary dis-
course, as well as bis countenance, was fahit,
and tended to dejection, so as one would
think he always desponded ; and that made
folks apt to guess he bad no firmness or re-
adiition at the bottom, or at least not snch as
waAi sustain him upright under difficulties.
Ml which made it wonderful that, in so
IHrooblesome a mayoralty, as he had, and,
-aAerwards, imder a more troublesome inqui-
«tioa that fell upon him, of which in due
thne, he should cairy himself with snch finn-
aeas and iwtseverance, in all the substantial
poinis of his difficulties, as he did. Whereby
at wn plain tiiat he carried inhismindade-
tenninatxoD, that neither public nor private
shonld snffin- through hnn, whatever men
might tiiink to extort from him, or whatever
ahottld happen to himself. Which diaraeter
wt» cut out for this time and public occa-
sion ; for nothing but such firmness of
mind and manifest goodness, with a seeming
nassrre disposition, could have protected him
iW>m those rages of violence as very often
threatened him : Which, probaUy, bad
broke loose npon any one, in his post, that
had carried matters with a stem and inina-
toTj behaviour.
♦* The loyal citizens, knowing this person to lje
ajostman, and one wKo would not combine
with faction, and having a view ^ some use
to be made of such a one finr setting the af-
feirs of the city right, applied themselves so
efiectnally that they carried the election of
lord mayor for him. This was some sur-
prtte to the factious party, though they did
not tbhik his election of'^any mighty con-
K^pxence ta them ; and, his course being
next, mnnv thought it not reasonable, nor
Creditafole in the city, to pnt him by ; and
they looked upon him as one who, by terrors
fin which the fhction traded much in tbo%
oays) if be had been, as they thought he
was not, very avei-se to them, might be
irroDgfat into any measures. And his office
3
191] STATE TRIALS, 35CHABL£sn. 1663.— Trio/ q
good 'effects of this interooune juid oooTer-
MtioD appoared first in settlings the point of
air John Moore^ and, after that, in briDging
Ibrward, by his means, what the citizens
had lonjBf thought of ta set up, the custom of
appointing one sheriff by a ceremony called
* my Lord Mayor's drinking ;' leavmg the
other sheriff, as the custom was, to the com-
mon hall. For if one g^ood sheriff were
gained, they did not fear what hurt the other
alone could do ; for both sheriffs made but one
officer.
** This custom, of my lord-mayor's designing
one of the sheriffs oy drinking, is very sin-
gular, and seems to be a jocular, rather than,
as it was, a solemn proceeding. And, ac-
cording to the ancietat constitution of the city,
it was a most reconciling expedient ; without
which, or somewhat else of like efficacy,
the government of it anciently could not haye
* been carried on. And, unless I give some
dear declaration of the nature and use of this
custom, the justice of the controversy, that
fell oat about it, cannot be weU understoiM].
The manner is thus : At tlie Bridgehouse
feast, which is some time before the 24 June,
the day of the election at Guildhall, the
lord -mayor takes his time, and, out of a
large nit cup, drinks to some person he
names by the title of Sheriff of London and
Middlesex for the year ensuing. If the
nerson be present, the cup is immediately
Dome to him, and he pledges my lord mayor :
If he be not present, then the cun is con-
veyed in the great coach, with the sword
bearer and officers, openly, and in state, to
the house of tlie person drank to, and the of-
ficer, declaring the matter, preients the cup
to him; and fhen he is called my Lord-
Mayor's Sheriff, and, not long after, he is
summoned to the court of the lord-mayor
and aldermen, and there, if he holds, he en-
ters into bond to take upon him the office at
the time ; and if he fines off, then, in a like
method, the cup is sent to another, till the
pmon is pitched upon that will hold : And
this way ot drinking and fining off b of great
use to the city, for it brings money into the
chamber ; and it is called going a Birding
for Sheriffs. At Midsummer-day, when
the common-hall meets for the election of
sheriffs, and the lord-mayor and court of al-
dermen are come upon the Suggestum^ caUed
tlie Hustitt^, the common seijeant, by the
common cncr, puts to the hall the question
for confirming the lord mayor's dieriff.
which used to pass affirmatively of course.
After that, the lord-mayor and aldermen
rise and go up into the room they call the
Court of Aldermen, leaving the floor or body
of the livery men below to choose another
sheriff by themselves, witliout their interpo-
sing or being concerned in the choice : And,
if any difference happens, so that a poll is
taken, the old shen£s preside and see it w-
derly done. And after the ])er9on chosen is
Axed, then the lord -mayor and aldermen
POkkigUm [igt
come down asain to' their places, and th«re,
in ftill assembly of the common hall, the
election, as to f>ot|i persons, is confirmed tamd
dechffed. For as the lord-mayor's sheEiiT
was confirmed by the hall, so the other per*
son, chosen by tne hall, is confirmed by the
lord-mayor and aldermen ; and either aide
doth nut interfere with the other. This bsul
been the custom of immemorial usage in the
city, and at length settled by act of common
council ; and so went on to about Forty One,
when tfir like ends as now, it began to be
practised upon in favour of the livery, which
the fiiction began to set up in opposition to
the lord- mayor's ; and so, fi>r two years be*
fore the mayoral^ of sir John Moore, the
election of Doth sheriffs were, by factiomt
lord-mayors, thrown into the common halh
Otherwise nothins^ of common law, con-
firmed by statutelaw, could be of more re-
gular and constant right, exercised by the
lord-mayors of London, than this was ; an
the various prints in the controversy, pub-
lished about mat time, do largely argue and
demonstrate.
" But this custom seeming so bizzarr, and the
faction raisin? such a clamour against air
John Moore ror setting up his rig^t by it, as
if he usurped upon the ns^hts of the city, to
whom it belonged, said tney, in a cornorate
assembly to choose their sherifls, I shall ffive
the plain and true rationale of it. It is first
to be considered that the lord-mayor, |d-
dermen, and the livery men, assembled in
the common hall, are, for the purnose of
choosing officers, the representative body of
the city ; whereof the lord-mayor is the head,
being, an integral part of that politio body,
and hath a negative voice upon all their furo-
ceedmgs, so as, witliout him, no corporate
act whatever can, at any time, be made or
done so as to bind the city. In old times the
mayor was the Custos of the city, and, since
the incorporation, continues the like charae,
and, as head of the corporation, Is answernnle
for the good g(»vemment of the city. The
sherifls of Ltttdon and Middlesex are the
king's officers, as in other counties, to c9ol-
lect the revenue, and to account in tne £x«
chequer ; and it was only the choice or no-
mination of them, and no more, that is
vested in, or belongs to, the city ; but the of-
fice itself b as at the common law, and no
part of the city or its incorporation, as other
officers, viz. town-clerk, sword-bwcr. Sec*
are. And, as in other counties, the sherifls
are Custodes Pacis, and have, lor that end,
the Posse, so here they are to attend the
S»vemment of the city, and assist in keeping
e peace ; and it is after the same manner
as when Justices of Oyer and Terminer come
into a county or city, the sherifls are bound
to give attendance, and to execute their
mandates. Besides, the nomination being in
the city, if the revenue be not answerea in
the Exchequer, the dtjc must pay it over
sgain. These considerations made the lord-
ml STATE TRIALS^ 35 Ch arlbs II. 1 Sss^mid oikergy for a Rki. [ 1 94
BwyoTB be very sofidtous to have able she-
nm choam; 'and that created difiereoccs
betireeD him and the aldennen on the one
tide» and the floor or livery men on the other.
Andf if persona w6re named to be sheriffs
that the lord-mayors did not think fit to
InBty they would' disagree, and then there
was no cnoioe at all ; which endangered the
seianre of their franchises, and brought other
inoooTeniences to the city . And, thereupon,
the matter fell naturally into a compromise
between the lord-mayor and the floor, as,
lor example, thus : ' If the Lord- May or,'
fstd the citizens, * will allow us of the floor
' to chooBe one, and let him stand, then we
' will confirm^ (it could not be called choose)
' any other person the lord-mayor shall no-
* mmate' : And so there could be no claah-
11% ; but, of the two sberifls, the lord- mayor
was to nominate one, and the floor to choose
aoother, • and tlie whole body . to confirm
both. And, to the end that the person, ap-
pojnlfed by the lord -mayor, might be puD-
liely declared and known, the way was
fioinid out and brought into xtse, of his lord-
sUps drinking in pimlic manner, as hath been
abewsed. And there is the account how, and
lor what intent, the custom was introduaed;
which aoswers the clamour of usurpation
upon the city. Fbr the lord-mayof was not
more bound to agree with the floor than they
with him; aiMt the composition of eacn
faanng a nomination of one officer, without
the contradiction of each other, reconciled
att.
V Bat now, as to the fiict at this time, it was
from the citbiens that the court was first ad-
mouished of this expedient for regulating
the 8faeriff*ii office by a reTival of this ancient
custom of my lord-mayor's .drinking. But,
after it had been communicated to Uie king,
and wen considered by those about him, it
was wall approred of; and a resolution was
taken to put it in execution, and, if possible,
*la carry it through. And the king was so
sensible of his siuety and interest in the con-
ief{aence, that he resolred by himself to
prore my lord-mayor, and, if he complied,
to take care the Itfws should defend him in
It, as all agreed they would do : And, for
edier disorders, if any happened, thai he
Woald not be unprovided to assist the ^-
remtnent, and to keep peace in tlie city.
The lord-mayor had been before pressed, by
dbrers of the citizens, to do it of himself ;
hot he waa scrupulous and doubtful, and
wonld determine nothing. At length he
was sent for by the king, and, in his majes •
^a presence, dirers of the councU, and the
attam^-general, explained his power to
. Uai, tnat be might nominate one sheriff, as
' ibecnstom of the city was, though some of
his immediate predecessors thought fit to
ware it. And the king himself encouraged
Um, with ezpresaionft, not only of protec-
tion, but eommaad ; and, at last, after much
hfsiiatiftn, hedalecniiiMd roundly to oonfarm,
YOL. IJ(.
* 4 *
and, all at once, promised the king to send
his cop to any citizen hib majesty shotdd
nominate to him. He was slow, but sure ;
and what with his judgment tliat the city
was in such a state that a regulation was be-
come necessary, and what with the king^s
promise to stand by him, together with Sia
concurrent adrice of his^court of aldermen,
who were his regular council, he contracteu
a firmness of mind to pursue his point, and
he made it good ; but with many an hard
rub and difficulty emerging, that fiactioo
stirred up against hini ; as may be readily
imagined by those who know tie humour of
abu^ popularity.
'* This dimcidty over, another sprang, as h^rJ
to accommodate ; and that was to find some
wealthy and reputable citizen, who, being
drunk to, would not fine off, but hold under
that method of appointment. The taking
one of a low' sense, and to support him,
would look triekish, and, at that time, the
court would use no means but what were
legal, justifiaUe and reputable. DiTers citi-
zens were spdce to upon this account, with
assurance lAat nothing extraordioar}'. would
be required, but the year would pass in the
usual fimns and feasting ; and all business
of ^he law would fall of course into the hands
vof the under officers, as formerly had been
the usage. Many were not only willing,
but desirous to have stood, if it might hare
been, as they alledged, with safety. But
thev were told that my lord-mayor had no
rigut to make a sheriff, but the common
hall only ; and whoever should stand upou
his title, would be involved in law-suits, and,
moreover, be complained of in parliament,
and what would come of that they could o6t
tell ; and not caring to stand in hazard of so
much trouble they desired to be eitcused.
The occasion of this scrupulosity w:is the
behaviour of the faction, who, in pursuit of
their designs, never breathe any thing mode-
rate. For as soon as they found my lord-
mayor, would exert his power by dnnking,
and all their applications, to divert him,
failed, although urged with all the forms,,
and in all the shapes, of menace as weH as
flattery, whcrefey they were prodigiously
surprised ; then they wound up their whole
party and interest in and about the city, and
charged them with the most horrible and
bugwar dennnciations they could invest arid
put in words, to deter all citizens from hold-
ing on that foot. And acooriUngly, they
went beilovning about into all companies, aira
places of promiscuous resort; ' Persons, Es-
tates, all must go to Perdition ;' hanging waa
the mildest woitl came out of their mouths ;
law, parliament, knocking of brains out, hell
and damnation (if they might presume so
far) were to be the cei-tain fate of any ona
who should due to stood Against the city^
as they called it; but, diciumfaetumy ruin,
in a word, wiasto follow : Andl, to do them
T^t, they honeatly meafit as they said,
O
l»6] STA1«TIUALS,35CttiAli»lH. l683v-^Triii/er3«Mi«*PtfMf«^ \}9S
" While th«se intimidatioDS run btgh, the
court at a loss for a good uian, Uie citizeos
busy as Ifcesy some persuading others, but
none iociined to stand, cFer^r one wantiug
courage to bear the brunt ; sir George Jet-
feries the I'ecorder, or, through him, some of
the citizens, insinuated that the lord-kee|>er's
brother, a Turkey mercha;.t, lately arriv^
Aom Constanttnoule, i^nd settled in London,
rich, and a single person, was every way
qualified to be sheriff at tliis time, in case he
could be ure^aiied with to stan((t as they
hoped miglit be done by the lord-keeper's
means, if he .would endeavour to persuade
hiih. This extremely took with tne king,
and soon set him at ease ; for he found no
formalizing scruples on the lord- keeper's
part ; and, as for the citizen, he lyas made
to understand that there was no hazard at
all. For when the government of a citv
calls a man upon an office, who by bis oath
of freedom is hound to obey, and he takes it
upon him and peribrm^ it honestly, what
has he to be afraid of? And if men should
regard the brutish noi^e^ind threats of vio-
lent people against law and common sense,
&e busiivess of the world, must be at a ftand.
Ax^d he was made also to underst^d what
ai^ advantage such an oppo^nity waa to
oUifipe a king who bad power to gratify by
employments any fill persons, sach as he
was, to much greater profit in consequence
than sll his efttraordinary charges. And it
was not a small matter to gain so much ho-
nour and repute with the best of the city, as
well as court and country, as the standing
« stoutly in this gap vould nrocove him.
These reasons got the better or the ipudmish
objections, as he most needs make. Nor
were these brothers miataken in their o^ksy-
' lates ; fqr the ^ve^t made good aU their
vroffnostics ; fi>r no Wjgle person in £ng-
sand had more esteem with the ki«Hr» as long
as his roiyesty lived, than Mv. Du&y North
had. And» to say the truth, the king's
whole design and prqject was perfectly dos •
ed by this oisdnguismng pieue of sieivice of
Mr.Nirth. For he desired chieAyaiiaO'
thority ami reputation in the person who was
to make good this necessary passj which,
by the whole faction, was most mdustriously
and malicioualy represented, i^s an arbitrary
project, and of desperate danger to wbora-
aoever should stand in it And who could
pretend that, when a person of tliat quality
and value, and so well advised, stoocl ?
every one must conclude that he was fully
satisfied of the law by which he was safe.
And, as for himself, he was of a peculiar
temper for such a business; for being used to
adtentiures, and having run much greater
hazards, and dealt with people as violent as
any hor^ could be, if he was once satisfied
of ri^bt mad reason in any business, he qsed
to shght evenr thing else, ^nd say that good
luck attended being in the right
^' This Mr. N<»rth> (alterwards air Dudley) was
bred a Turkey merchant, and had traded at
Smyrna, but passed most of his time in Con-
stantinopie, where he fell into muaintaoie^
and vast dealio£» with beys, and bashaws,
and other great omcers of the Porte ; and had
run very great hazards with them, but had
the good fortune to reap the profit hf ex-
pected by it. He was very quick of thought,
and no less sagacious in plumbing the tmth
o( thin^, and probability of events ; which
made divers, that did not reach his lengths,
wonder at his bold strokes. He made justico
the rule of his actions, and on that bottooi
built his assurances ; and therein he seemed
intrepid, and to defy all opposition. He
never used tricks or subterfiiges, and haled
them in others, and had a peculutr antipathy
to a false knave ; for he seldom fell into a
passion but when such crossed him, and then
he had no j^tience, but let fly without tern--
per or consideration ; which too plain deid->
ing created him enemies, and some great
hazards. He was a frank and j(dly mer-
chant, familiar, easy and jocose, obliging to
all, without any stiffness or pride ; fneaiUj
to all that needed, and never made advantag*
of the weakness or want of ezpcrieboe <^
young men, but, on the contrary, assisted
them. He had a goodly person, and mind
capable of sittingat thehelmof any maoa-
gery; intelligent and facetious; and what
they call a Bon CompM^non, so much thai
a stranger would mistake him, as if he wo^
fl;ood for nothing else. In a word, he was
loved and caressed by all that knew, and did
not envy hi^n. He Iwd not been. lon|^ i»
England when tiiis trial came upon him ;
but, in that time, pursued trade ; for which
end, he settled himself in the city ; apd
coming to be concerned in the A&ican oom^
pany, was chose of their oommitteei and
there soon gave a demonstratUMn how fit h«
was to be a pilot in trade of any magnitude.
The actions and fortunes of bis life wer^ so
considerable, that, joined with the character
of his genius, would make an history (if one
well instructed had the penninpf of it) as use-
ful and entertaining as the lite of any pri-
vate person whatever -aight be, and, lo-%
wards it, I have thrown in this mite, which,
to all other purposes, I own to be super-
fluous.
** But, to resume tlie intended relaiioa: mat-
ters being thus &r concerted, my lord noaror
sent his cup in full parade and form to Mr.
North. This was no sooner known, but all
the utillery of the fac^on was pomted'*at
him, in order to terrify him, and Budce him
^e off. Most of the factious men in the
city, that had acquaintance with him, espe-
cially his brethren of the Turkey Comp^y^
who were too much that way, took their op-
portunities, more or less, to expostulate ii^
discourse with him, saying why wpuld he b«
undone? * For if you,^ said they, * taketlus
' office upon you. upon this (at heat) dufaieaa
' title, you will know no wd of law-sHiUs
l«J STATE T1IIAL9, S5 Chablbs II. l68dw-Miiil Mtti,/ht M Koi. [IJW
' aod be crmiiedl by Uie pariouueat to boM ;
' ^Bd wbal nfety ou you proiMMe to yoar-
* Mtf?* Hk awwer oMd to be, « I am a
* citben swoni) aad if the fovwrnment of tbis
< dty calls me upon an office, I will obey,
« ant never break my head about titleSw' 69
pGed with penny post letters, and so
his nearest fneiids and relttioQf. Tbey
all out of pure fiiendsbip add respect,
wishine' those peraons wouki interpose to
rescue tiim from ineritable rain. Tkeywvn
so maliciooB to find out sir Robert Caim at
Bristol, firtber of the lady Ounniof , whom
he than oonrted, and wrote to bum to let
him know that bis daughter was goin^ to
throw hcnelf away upon a map of a despe-
rate ^Mtune, and tbat would certain^ be
hanf|«d ; and he resented it, but the lady
knew b^ter ; so by firtue of his good stars,
that blow miaseil its effect. And what was
mat extraordinary, Was thit, dnring all the
time of the brigoes in the city cAiceming
him, and both town and country ranr of his
name, which was also bandied idMut in mul-
titudes of pamphlets ; he went tbout his
business, and diverted himself just as he
used to do, and minded the stirs no more
than if they had not ooneemed him. He
was, by common talk and pamphlets, made
so reniBrfcabie, that, whererer he went, peo-
ple started out of the way, lookinff at bun,
and crying ' That's he.' AH which did not
keep ban within doors, or from his ordinaiy
walks. Which seeming apathy brought hhn
letters and intelligences, that ae was stuiwd,
a dull beast, and his name should be Bfind
Bayard.
^ Once a trap was bud for him by way of
abam-nhit An eminent busy party-man,
with whom he had concerns depending, came
to him with a proposition mm the whale
adrerse party, whieh was, that, if he would
wave my wtd mayor's appointment, and
take the dection from the common hall, he
should be chosen by them, and all tbeeharre
of his abnersHv should also be defrayed by
that pm^> wno would raise the money
amoB^ them to do it This he rejected
with md i g nat wn and scorn ; and, being- one
very modi indined to conmmiicate truUis,
'wnes ot telling this passaae in sil
I, so far as to declare the rail im-
port of the proposition made him, hot not by
whom : ana so, taking, wind, it flew about
the caty, and proved very prondicial to the
of the faction at that time. F6r
whieh cause they were wonderfuUy angry ;
1f^ ooee, at a public feast in the dty, an
" ^mmrnf leader, by agreement of the party,
hm I si^pooe) pnbodv chamd him to name
■is author, ad^pf tnat, it he did not, the
whole alory woiud be accounted no better
Iban his ofsnt invention. He, being thus
attMhsd, fredy aad readily affinned the
pMnigc to^be true ; and, as mr naming the
serson that nsade the offer, for reasons re-
miBg ta the pencD himseli;, be waa Bot for-
ce
ward to do; but, if thsr hmtedoo it, ha
would faistatttly declare^ before all that com-
pany, wlio h was. Tbis pot a stop to the
discourse^ and no woni more was said of it ;
for tbey knew he was not used to be worse
than his word ; which, perhaps, of a bad
bu simm , might make it worse. 1 knew
then tbat it was one Fairclotb, a formal
Presbyterian usurer, and a great intriguer.
His son waa then mercantile ser^'ant to Mr.
North, and was afWwards settled by him
inbisfactorvhouseatConstantinopie. Tbat
person bad an easy access to him, and
brought the proposition, which was a mere
snare ; for, if he bad inclined to accept it,
the report had 6own abont tbat he was sdl-
ittg himsdf to the other side for money ; and
that was aU the party intended by the expe-
riment. But all dreumstanoes conspired to
shew the implacable raire tliat possessed the
faction at the noniinatiob of him who, of thf
whole freedom, was the only person quali-
fied to resist tbem. His character and cir-
cumstances were as if they had been east in
a mould for that purpoae : so exactly were
they formed for an on'posilion and counter-
work to the whole game of the faction: and
ao mudi fiercer were t^ej in all their me-
thods of proceeding. And aooordin^y , diey
provided a mighty muster of their nvery
par^, against the 34th of June next, at
Guifdbill : the other side provided also th#
greatest strength of vdees mey could make.
The candidates of the latter were North and
one Box, the former for confirmation, and
the other for efec^n: aad ^ party had
Papilion and Dnboia, both to be chosen in
opposition to the lord mayor's pretension,
which thfi^ were determmed to fly in tha
face of and reject Thus stood the prepa-
ratives against the day of decfion.
Now the manner or prooeeding in these
eat6esj at die common baH, is very patrtiedar,
and, aa was touched, conssnaat to the ddm
of my lord majror. For be, nith bis alder-
men, is present only at the opening of the
court, and question of confirmation, and then
they retire ; which is to the end that the
common hdl might be free in choosing one
of tbemsdves, whieh fVeedonoi the presence
of the mayor might impeooh* Now in case
the floor wiH not oanfirm the mayor's she-
riff, he is not bound'to continue them any
longer, but may dissdve or adjourn them,
or not lufree to any thing they do. That,
whidi the faction insisted on, carried a fiil-
lacy throughout ; for, sdd the^, the autho-
rity, given by the choice, is from the dty,
and the act of the lord mayor is not the act
ef the city ; and so they harped upon the
word Choose I wbich, sud they, did not be-
long to the lord mayor bat to the dtjr. All
tfiat was gtunted, and also that ths new
sheriffs had no authority till the whole city
in common haH agreed to them. And, how-
ever tlie lord mayor nominates, it is^ prs-
tended to bvashdos, or ky virtuaof a^ar
J991 STATE TRIALS* 3^ Charlbs II. lfi8d.— TitcZ o/'TXmim Pilkingtmi [20O
invested, ' as granted hy him, nor that it
stands for any thin«jr if the common hall doth
not confirm. But then the lord mayor is
not bound to coacur in any choice they shall
make, till they noioinate to him persons that
he shall think lit to trust ; and he is no more
boitnd ta a<^ree vfith them than they with
him : and so t^ntered the custom by way of
composition or expedient (as I said betore)
which if they ^y from on their parts, he be-
takes to his nepEitive voice on his part. But
yet the abuse of the words Choice ! Nomi-
nation r Right! and Authority! all which
being applied to the ci^ exclusive of the
lord mayor, sunk so' with the citizens, that
few of them could brin^ their heads to. a
true state or distinction of the matter. For
they look61 upon the common hall as an
assembly of commons with a speaker, as if
be had only a presidentship ; whereas it is
r^hcr like a narliamenit with a sovereign,
and, instead ot a casting voice, as they call
i^ there was a negative voice, .which alters
tlie matter strangely. So very difficult was
it to get the citicens to comprehend the
reason and distinction upon which the lord
mavbr's right depended ; and it went farther
witn them that the custom had been soj and
an act of common council had declared it,
than that there was any consonance or rea-
son at all for it
« At the day of eleetion, June S4, 1682, the
}iartv, after the way of their predecessors of
old Home, had possessed the Forum, that is
the floor of GuiMhall, so that the other side
<iOuld not croud in ; for the livery had been
so mack enoreused that the hall would" scarce
. hold half of them; This bred' a sort of con-
fusion at first, with the elbowing and tluiist-
ing to get room, and not without a deal of
snarling an4 scolding amongst them. Those
pmons, thi^t could get upon th^ hustings,
as I difl, and from tiieac? viewed the 'floor
below, had a prospect as if tire hall had been
|Hivcd with m»8, and full of eyes sparkling,
not unpleasant to observe, n hen the lord
mayor and aldermen were come, the com-
mon ofiicei's put the <}uestion erf confirma-
tion ; and'theo,inainoe, those, that were
tor it, hel^ np thVir hands (fi>rtbatis the
signal of assent) with arms and fingers dis-
tended, all in a continual motion together,
V which made an odd spectacle : but the dis>-
senters, who were much the greater num-
. ber, iu'stead of holding up hands, screwed
their faces into numbness variety of No*s !
in such a sour way, and with so much noise,
that any one wonM have thought all of them
iiad, in the same instant of ti^ie, been pos-
aasted with some malign spirit that convulsed
fheir viitages iu that manner. Tliis was
token for » refusal, as it was ; so the lord
Mayor ^nd his eonrt retired to'oonsider what
was to be done ? and, as he passed^ with the
•worri. before him, throngh the croud, we
eonkfr observe the items of iftn-y given by fists
and &ost at Iu2n» as folks' aw apt to do when
i4
U
they threaten. This promenade was done
more than once, to see if the hall would
come to their wits, and agree to donfinn ;
but the partv were no changeling*, every
trial came off rather worse than h^ter. At
len^h the lord mayor acjiouroad the belly
and no more was done that day. And be-
cause 'great part of the dispate tdl npon that
adjournment of my lord mayor's, and there
was notable stir alnrat it, I shall add fome-
what relating to it.
When the hall was at a full atop, for refus-
ing to confirm, and the court of aklennen
was sitting, the citizens were adnfiitted to
come in, and at the bar, to ofibr what ihfy
thought fit to the ooort^ each paiigr for lus
side; and notable wrangling there was. My
lord mayor was advised to adjourn the beUy
the faction opposed, saying, ' he bed not
*■ power to break up the assembly till the
* election was finished.* In those days, no-
thing <^uki be so much contrary to law and
ooramon sense, wliiclt they wpmd not affirm
to serve their turn ; of which 1 may hare
touched some instaneas, but this was en
^regions one. All the aldermen bnt Are
^lor no more were fiictions) advised to 4d-
journ;^and so the matter rested in dispitte
amongst them a good while. At length, one
of the dissenters moved the lord mayor, Uiat
they might bring counsel to argue, who
would satisfy hisTordship he had not power
to adjourn: The other side agreed, so as
th^^y might send for counsel to argue on their
side, who would densonstrate the contrary.
It was upon this first day that oomisel were
brougiit, but the author makes an hearing of
counsel to have been upon another day ; and,
not having access to original entries, 1 tie not
dispute ; but, as to the matter I here rdale,
I am very sure, and, for times, refer to the
proper registero. It may be that counsel
was heard afterwards at my lord mayor's
house privately, when I was not in the way ;
for the question continued; so as, for more
hearin^n than one, I contend not. In the
interim, before dio counsel came, the eourt
was diverted by the partisians on both sides,
with numerous compkiinta of each other's
outrages and irregularitieB, which were exacr .
gerated with mat violence of talk; Aid,
all that while^Uie poor lord mayor sates one
almost insensible ; so full was be of doubts
and fears. But it appeared, by his actions af-
terwards, that he was firmly resolved in liis
mind to assert his right, so long as theeoort
of aldermen stood by him with their advice,
and the court at Whitehall sustained hla
against imuries that might be done him.
This was Midsummer work indeed, extreme
hot and dusty, and the partisans strangely
disordered every way with cn»oding, bawl-
ing, sweatbg, and dust; all full of aiujer,
seeal, and filth in their faces ; they ran sooQt
up and down 8taira,.so that any one, not better
informed, woukl have thought the place
rather an huge Bedlam, than a AMvting ler
M] STATE TRIALS, i5 Charles II. l68d.— amf oikera^fir « AM. [203
ml biinanB* Aii4yet, imd«r •neb an awk-
mrt ftee of affairras this was, the ftite of the
&i|(tiA goTanancDt ani monarcby depended
(hi too modi ontlMensit orsodemt an
asMiriiiy. And indeadh was accordingly ao-
dendDocf; fbrit isdiol small maitoffr thai will
raise aQoh foriona faarncane doings as here
. And the oonit was aware ; for care
liken thtt divers considerabie persons,
«}f the ^uncil, should be near at hand
to otoerre the proceedings, suppoM the spti-its
of ike-kint nnyor, and enCoarage the loyal
dliSBna^ and that they n^ght have recourse
sad direetionB as oocasbns emerged ; bat
this was known to Tery few. And, on the
other side, feotions lords and others attended
that bad nothing to do there. It may be
wondererfthat such a contest as tikis, con-
sidering abo what was at the bottom, did not
nm on to blood ; but, as at the tumults, so
here, the temper of the English appeared,
which I may call a native humanity, thouj^h
the foreig;ner8 term it dobiess and phlegm.
They bave an aversion to civil homtade, but,
in war,are as free with lives as'the beet bf
(hem ; and yet, even there, the same humor
a|ipeaffs, for no command will make the
fingliBh refuse quarter, or kill in cold blood.
But then as for foction, crowd, tumuH, and
brawl, let them alone ; il.is a sort of sport,
or lost of change that niad^es them deligotto
•see hfigh things fall, and their government in
distress. In which matters I may commend
tbeir temper, but not their wisdom.
** But digressions anart, and to return to the .
trial of this proroond question of the lord
mayr>r*s power to ac^um ; First Mr Pdl-
kKfen, argued contra ; and he built only on
•parallel he made between the common hall
or the city and the ordinary county courts,
held by the sheriffs of counUes ; and so the
common hall must be the city county x court,
end the lord mayor be as the sheriff, only to
preside hut not to judge, because, in aH those
oomts, the soitin? are judges, and here the
Kvery men are the suitors, and, without their
eoBseot, the lord mayor can no more ad-
joom the court, than thesheriiTof a county ;
but it must be done by the livery ; and all
this he confirmed by the place where the Hus-
tings, which is the court of pleas for lands in
^ city, IS kept On the other side sir Ro-
bert SAwver, the attoniey general, came to
snswar all this obvious nonsense. First he
shewed^the place sigmfied nothii^ to the Ju^
riad klim i ; for bnrgeases to the paiiiaraent
for Westminster are often chosen in the
Kmg's-befich court, but it is not the juris-
dictiOB of the King's-bench that chooses :
Then, thai this assembly, called the co^
men ball, is so Ikrirdkn being like a county
conit^tlmtitisnocourtatall,nor hath any
namerof jufisdietion; that it was no other
Wt« privnte meeting of the corporation of
the aty for pure corporation - work, the
cfaooaing officers. And the lord mayor being
bead of the eerporation, wiftw>ut whom no
4
«
asM»nUy of the c6rponte body eoald snbijjit,
or corporate act be done, he was also head
of this assembly, to call, adjourn or dissolve
it, as he thought fit. And concluded ^at
all the other side had alledged, of county
sherifis, tuitois, judges, Ace. was all romance
and invention* and in no respect apphcable
to this assembly. All this while, the par*
tisans were ragmg about the hall and rooms ;
and divers (out of friendship as was pre-
tended) gave hints that my lord mayor would
not be safo> if he went down to adjourn them }
and that was to tright him from taking a re*
solution so to do ; and they scarce l^ieved
he would dare to do it. At length, it becom*
ing necessary to termkiate the matter one
way or other, the lord mayor, on a sudden,
and unexpectedly, rose up and bid the officer
take up his sword and go dOwn, saying, aa
he went oflT, IT I die I die. And, passing the
crowd, took his seat upon the Hosting8» and
commanded the common seijeant to adjourn
the hall to a time, which was done, but
scarce heard for the hideous noise that was
made. Alter this, Uie lord mayor and the
rest, that so thought fit, went their several
ways in peace ; and there ended this trou-
blesome scene of a Midsummer's day's ex-
pectation
It was very strange to observe the impu-
dence of these men of the faction in Lon-
don, who still persisted iji the senseksei pre-
tence that the lord mayor couhl not adjoom
the common hall, though, to every one's ca-
pacity, it was solemnly, not only confuted
but shamed : and they would not quit a
scruple to ease my lord mayor, but, to their
folsie pretences, added menaces. For, as he
passed to the adjournment, there was a ter-
rible mge of faces made at him, as if an en-
diablement had possessed them all. Whoi
Iche mayor and officers were gone, the twa
precious sherifis, PiOdn^n and Sliute, with
some' livery men of theur party, thought fit
not to obey the lord mayor's 'afj^oumment,
but, by themselves and all their ovm aotlMh*
rity, held on the corporatkm assembly, or
the common hall, as tney then called it, and
there they proceeded to continue the electloii
by setting up a poU; and afterwards they
finally declared the choice to have fallen
upon Papihon and Dubois, as will be shewed.
Here ap|)eared an headstrong disposition,
but not a grain of judgment, in those who
governed the sheriffo. They little under-
stood the nature of the shenfFs office, who
took the Vioecomites to have any autlioii^
at all in the corporation affairs, or to be
officers at all of the corporation. It is true
the corporation have a nght, by charter, to
nominate them ; but, being nominated, ^ey
are the king's officers, a^ was said, to at-
tend on the authority of the dty, and keep
peace, as all sherifis are attendant upon all
authorities in iurisdiction derived from tiie
crown. A body politic presents to a living ;
the incumbent is not, by that, a ser^nt to
do?] STAT£TeiALS,S5 Charles U. \6HS.^Hnalofnoma$
m tSt04
the My, |i» if be were tbeir cbapUin.
Therefore Ibis act of ibe sheriffs, io aetting
up tbeipaelvts to praaide.in a corporate as-
sembly, not only witboat, but against, the
order of tba bead, apd in difect opposition
. to him, was the most audacious blunder that
ever was know*. But then the actual en-
jdeayour tberebT to impose, not onl^r upon
the city of Ijonoonbut upon the king himself,
officers of the peace, ana royal revenue in the
ci^, wa4 not only foolish but desperate, as
done bv ovadmen, and could be made good
by nothing but sword in hand. And what
could be expeeted, but that the geremment
ahould resent it witli all posdUe rigour, as
ibr an offence next to hieh-treaeon ? There-
fore one. may conclude that it was not Uind-
ness only that caused this detestable pass to
be made, so much against common sense,
. but some dismal reserves which they had
and relied on, to divert the obvious conse-
quences, as must iall for daring to usurp so
great a power. But, whatsoever those were,
they failed at this time ; for, upon informa-
. tion above, upon oath, of this fact, warrants
issued from tne king in council immediately
to take up the two sherif& and their com-
plices, in order to be prosecuted at law fbr
this extraordinary and dangerous riot* And,
if they or their party had made any stirs or
resistance, there was force enough at
. hand to have executed the warrants effec-
tuall)r ; and for that reason the arreiit was
submitted to.
<* If ona would consider this affair in the mild-
est terms, it may be iudged that the faction
relied chiefly upon the parliament, which
. was expected to be soon called and te meet,
. for justifying them and criminatinff the other
. party. For they, as was noted, bad calcu-
lates of elections, and knew, by their rote of
, piogvession, how much the next sessiona of
parHament must be more averse to the court
tluui the last was : and so they concluded
materer they did, must, in the end, come
jogbt. This is the model of Forty One
.e^csfitly : tbooe times began with like nrawls
. in the dty, and the same iiyustioes and op-
pienion wer» intended to be acted over
a||ain. But it Is so far certain, viss. that in
tms view, they were open and clear ; mak-
ing no oeramony of declaring what the next
parliaBMDt was to inflict upon their adver-
^laries, whatever- else the^' might hold unde-
clared in petto. And their pe^etual harping
upon this string, and the proceedings against
the abhonrer» being reeenl, had really made
thnpeoplegeneraUy bdieve that tUngs wovld
ba|ipen as they said, and, li^ or wrong,
tb^ should .crash aU tbeir opposers. But,
in the mean time^ we must a littfe lyaiwlion
their policy with lespect te the persona active
at present, in both eniaging, and then giving
the ig^vemiiient in possemion (if I may so
teopa it) such apparent advantag^ of them ;
und 40| takiag ^ miseftUe defensive, depoiid
vpei^ anaftaig|tai«ili9kCau49M»tlikeIyvin
J9ue and the Mose age, to run open the taiiM
chances^ Bet, whatever were thchr politie
reserves, the government did net take these
dmngs for boys play, as a^piibe and oackerB,
but as a bold attempt upon the antfaority of
the dty and nation, and very neoessary to ha
made eawmplary. Among theae thai werv
committed, there were some not citiMiin,
but party men at large, and of no smatt ac-
count; as for instance, the lord Qtey of
Work. These did not attend wbere they
had nothing to do, in order to have BOthing-
to do ; tibiey .were screwing np matters to
their model of public distumnoes, as con-
sequences shewed. These persons w«nt to
the Tower, and, upon Habeas Corpus were
bailed, and afterwrn prosecuted by an in-
formation; whereupon the issue was tried
in the city, uid, upon a long and clear evi-
dence, the parties were convict and flned ;
but, considering the nalure of the otfeooe,
and quality of the persona, very modorstdy.
They were forced to paytbenr fines, hot
were so sanguine to* look upon them as
money put out to interest to be repaid prin-
dpal, interest, and charges o^lof thees«
totes of thdradFeraaries hy an after-game,
as I shall shew. But I have run diis Dun-
ness of die audacious riot to this end here ;
but we shall hsar more of it. as we go
along.
<^ As soon as the sheriff were come oat upon
bail, like nlen svderated to foUy, they took
up the game where they left, and, at a day
or adjournment of the common law, resum*
ed their poll by themselves, at the other end
of the ball, apart from the lord-mavor's as-
sembly. For he with the court of aldermen,
was sometimes upon the hustings, and some-
times in the court, puzzled with the difficul-
ties in settling this matter of the choice of
sberifis ; and, before any thing was done,
the then sherifls came to a dose, and, in
the hall, publicly dedared the election tofali
upon PipHion and Dubois ; that is to say,
they, as mayor, aldermen and dtizenaof
Ijondon, had deposed the lord«-mayor and
aldermen, and, by a party, dedarrd an act
of the whole corporation. But now there
was a new Affieuky starM, and mv lord-
mayor waa attacked with new doubto and
scruples ; for, add they, ' Here are tsro
shertis deelared, who are in po foc s ^a on of
their election, and, whatever yo« might
have done heibre, you cannsi make a ny^-
dection, and thereby set up anti-sherin of
London.' And, in very sebar earnest, most
indifierent ]^e<^, wheoe heads did not lie
for distiagutshuig mattera of order and con*
stituiion, thought that the dty 8heiiflb,'in
taking a poUv wcfo not nunastsrs bwfc jwdges
of tlw deotion, and believed that now the
lordrmayoi's oase was nrodi* wane dian
before ; attd so was the onrreni eanodt of
the town. Dnriiw this interval, the lard-
mayor waa aent for, ar went of himadl^ to
cQiwt, and ayfeared before the kinginr«oii««
tOS] STATE TRIAXJ, 35 CMaalks IL l689.^wMif MlUriJ^r a Bint. [St(£
<A, wh«ve .«» •CQ«qnl was gifcn to his ma-
jaty. of tile trosMe tlie city was in almiit the
deddoD of sheriffs upon the declaration these
men had diede of aa election. AU the learn-
ed at die boaidy and ^e king's attorney,
dedaved thai the prooeeding of the sherins
was no act of the body, kmt, as to kgal
effiect, ahsohHeW null ; but yet criminal, as
bein^ done witnout and against lawful an-
. thonty. And that the lord-mayor, the head
of the body that was to elect^ could.aloue
direct and declare the election ; and ^Mt, at
the neact meeting of the oommon-luJl, he
oofi^tto proceed de ifUegro^ as if nothing
bad been done ; as their nscis whensherifiv,
diosen, fine off. The qnestioa depended
wholly npon that of my lord-mayor's power
to a4|oum the common hall ; and sir John
Moore was eztnpmely dimatiiified and uneasy
about that, being what divers citizens hsd
told him he could not do. The lord chief
jiutioe Nordi, a privy oounssUor, was so far
frnm making any doabt of that, that he said
to my lord-mayor, he need not be at all con-
cerned ; for the question, was irivotous and
HDpndent, or to that effect. Thereupon sir
Jonn Moore caKft towards the place where his
hyrdship sat, and with a most submisa coun-
tenance, desired to know of hia lordship if
lie woidd be pleased to give it under his
hand, and, contrary to the expectation of all
present, his kvdahip said yes ; and» takinj^
' the jMB and naper before himj. wrote bis
i^musn, that the lord-mayor had power to
a^nm the common hall to what time and
plaoa in the ci:^ he thought fit, or to that
etfect, audft settmg his huid to it, gave it
to sir John Moore. Now the courtiers, that
woPt more nned to sneakers, than to men of
dear courage in a dear cause, esniepled his
lordship would have shuffled off mis setting
hjn fanad ; but the readiness of doing it verv
much confirmed sir John Moor, and exoetii-
iagiy pkasiBd the king* .
f Bat, tor the better counteonnoe of sir John
Bfome, it was thought fit that his majesty in
council shoidd order him to do bis duty in
tiie mty ; and themopon an order was made i
that M should p t o c o c d to the election of
aberiffii, according to the ancient usages, of
^le city. This mer the author inserta, in
the nenr words, into his History, intoning
that it snould seem as if the: d^ affairs were
smvemed wholly at Whitehall: whereas ne-
tting is more usuaL than for the long, by
svder cfprodamation, to enforoe laws,, and
mnire magistrates to do tiidr duty accord-
ingly ; and this wan no more. Then, at. the
day, to which the common hnU was ad-
jonnied, the fiM^on threw up and made no
appearance, having^ as they thought, and
iatended to insst upon, sheriffs of ttar own ;
so the qoastion of confirmation waa pot and
csrriod affinmatiyely, and then, ^r the dec-
lion of sv Balph Boxt which wia. carried
dso. But B#K wan inglited at the double
ttonw, far .m it waatarmod^ and tha^ dis-
putaa with these Anti^sheriA, as
happen, and so fined off; and then sir P^
Rich was chosen, and the dactkin dechffed
for North and Rich. It was wondered at by
many why the fiiction did not interpose to
trouble this lattsr election, and, as they might
haye one, joined one of their own party ;
for it mi^t (and really it did so^ happen that
a Iriend m a corner had been of great service
to ^em. But they considered, wisely
enough, that it was better to stand the after-
game in parfiament, which would make dear
work, and, in the mean time, not hurt their
title to two sheriffs by coming in for one ;
and, if they did, their. officer would have a
sour time of it, having the courts the law,
and the officers against them, for the latter
would certainly obey my lord mayor's she-
riff. Besides, North was a person so deter-
nuued and resolute, and withal so well ad-
vmA and supported, that nothing bat blown
would be got by contest with him. B^t all .
this was reasonmg in the dark, for the Rye
Conspiracy was scarce formed ; ami they
dreamt nothing of such a discovery to ooma
upon their pwty, as foUowad; dse they
would have had a fiiend in a cosner, to bo a
spy,, at least, in the enemies yiafiem. But,
as things were understood, the nest point was
for the old sheriffs to get dear out of their
office. Theif courage did not servo them
to refuse ddiveiing over the gads by inden-
ture to North and Rich, as the way is ; not
to indent with their own anti-aheriffs; fin*
either way had been an escape of the pri-
soners in ezeeulion that had charged them
deep : Therefore they made a virtue of no*
CMaity, and were glad to sod. to Nosth and
Rich, who entered upon their ofStee in Ae
Msaal forms. And so ended this (M> after-
times inconceivable) huiry in I^mjon about
the sbrievd dection in 1,683*
** And noW) before I enter unon amp eeoso'
q^uences, I will run over tne author's, ac-
count of the matter, which is very brief^ bu|
not so brief aa mdicious ; ibr hia aim
throughout is to make such, a sham repre-
sentation of it, as the whole procei^teg may
appear one continued net of aibitrary power,
and nnrighteous on puwcio n olf the dt^r fiiee*
dome. It seems that, after Bethd and Gor-
nish» the sheriffB of the year 1680, ef scan-
dalous memoiy, the loyd dtizena,ifaBau-
tlior's couit party, instrudsd, by theic bcha-
viour^ what was to be expeoted if the soma
Ihotion, thnt set up them* shonJd set np
otheia. as bad, maoe dl the streng^ they
conid to oppose the choice of Pffldnglon and
Shute, but u vain ; and fi|e author, justtfiea
the fantion for going on at that rate, aaiping,
• tbdr liFs« and liberties depended upon that
< dtoicn/ He must think sove that hia
ftxendsknev themselv^qbnoxiotfsand de-
SflTving tobe hanged, or e^.that 4in iNNRt
had resolved,, right or wvangi to bang them ;
how dsa oamorthsA choice to bp so fatd be*
yondaiqr oAfiTf aa if Bibs; Atroponwdtfii tf
sor] STATE TMALS, 95 Cfl AftLss II.
cut all their threads P 'But it teems the city
begttn to shew a loyal dispositiioD, and, tor
lh« credit of youth, who are sometiiiies mis-
takeh, but ever forwardest in actions of (fire-
supposHi) general good, it fell out so in the
city that almost all the apprentices were
fcryai, and had a fancy to make a feast, and
entertain some of the court ; whereupon ve^
nison was sent them from the king's parks,
and some great men dined with them. Tliis
the author oaAls a meaner condescension, to
which he adds this dutiful sentence, It was
tiiooght it Was no lesH than encooraging ser-
vants against theh' masters. The fl^on,
and their scribe here, had reason to be ofieud-
ed that the servants should presArae to be
honester than tbeir masters ; and that it
should not be in the power of the cankered
old crabs of the faction to corrnpt the youth
of the city, whereby to provide a seditious
succession*: As if young men, commonly
sons of good families, were bound out appren-
tices to trieason, as a mystery in whicn they
were to work for their masters and learn for
themselves. But we must not forget the
mystery of king Charles's greater conde-
scension to stir up mischief* b^wCen masters
and servants, by setting up the latter. 8ure
there was some great condescention which
was exeeeded by this; and I find it was
after the electk>n of Pilkington and Sfante,
when the city invited the king to dinner, and
the sherifls went on the errand. The king,
hating no quarrel to the city, which, ex-
cepting the majority of the'livery, were ge-
nerally loyal and active against the faction,
graciously accepted the invitation ; but
withal was pleased to add, ^houflfh brought
bysudi unwelcome persons. T%is^e au-
thor makes a^ low pique in a king, that is to
honour his fnends, and disg^ce his enemies.
Wonderful invention !
* But, to return to our Midsummer work, all
the author's account of the action in 1682,
momentous aa it was to the public, falls into
one short fiUlaeious sentence. ^ The court
• was very solicitous fbr the choice of new
^shsrifft of London and Middlesex, and
« earnestly recommended North and Box.'
This, as It is expressed, is false : For first,
bow could the court be solicitous tor the
choice of new sberiffi, when the choice was
to he of course, and the old eould not con-
tinue f And then there came no recom-
mendations from the court to the city;
and, lasdy, North was not upon the foot
, of <choiee, but confirmation. If he would
hava said true, he would have tokl us
that the * court were solicitous f o have
the Ignoranvs fhctioa excluded, and indif-
fewnt sherifb ^chose, and that the ioyalliats
of all sorts set up Box to stand with North
that was drank to. And so the people pro-
oesded aa usual upon contested elections,
when the diithMtwn was of k>yal and Igno-
ramus. Bat. savs he, the hearts of the
ctdzenawframrspilioAaiidDtihois. This
iSSS.-^lHai ^Ifmaa Pilkhgiim [SOS
is false also: And the cheat Ket in the
word citizens, for that stands here, aa, on
other like occasions, the woiil people, a
part Ar the whole. For a party rabble is
always his people, so here a prevailing
party^ of a packed livery are the citizens for-
sooth ; ahboogh, even of them, the valae or
the loyal party exceeded the tate on th«
opposite side. But it may be affirmed of th«
citizens, in general, that, bad they been
polled, ^tigste had been ten for one against
the fhction at that time. And that was seen
in the choice of aldermen, fbr, of about SO,
there was but 5 with the factk>n ; and thos^
magistrates were chosen by the inhahitaats
at large, in the Wardmote court. 8o just
an account of the citizens have we here !
But what ccmes now ? < This occasioned &
' riotous controversy, the lord-mavor com-
* plying[ with the court, and the old sheriffii
' resolving to assert the rights of the city.'
Is not this the marrow of the dispute f What
can be the meaning, but the court and th«
lord -mayor, hy force and violence, set up
sheriffe, and would allow the city no election
at all ? We are got beyond the recommend-
ation of the court ; that consisted very well
with a free election without tumult, tboneh
my lord-mayor with his influence, took tlic
court side; so the matter must be right
down force, as I said before, that shonkl stir
up the shernffii to assert the city's right to
elect. For he takes no notice df the di^nc -
tion of confirmation and dection, nor states
the pretences of the party, as a just writer
should. Nor was there any riot at all, but
that of the sheriflb acting unwarrantably, aa
was shewed.
'^ But he goes on. ^ Hence, on the ekctku
' day, a great noise and clamour was naade ;
* the Whig parl^ being more numerous, the
* lord-mayor af§oumM the common hall.*
- Tg set aside the great news he tells us,' that,
at a popular contested election, there was a
great noise and clamour ; we must not allow
him his pregnant word hence, that carries an
assertion of a force upon the city. For it
refers to the former words, which plainly
imply it, and, consequetitly, is a very great
falsity ; tor, at most, the business was the
form of the election, which the two parties
contended upon. But that, which fi)llows,
is an artificial and solemn fouber^'. The
Whig part}' being most, the lord- mayor ad-
journed, &c. Doth not that affirm that the
lord- mayor, finding the numbers against him
upon the square at the election, unjustly ad-
journed. Sec. that they might not carry it.
Which is the most egregious falsity ; for be
fuyoumed, because the hall would not do him
justice by confirmation, which was his right ;
nor did any law oblige htm to agree any
thing to them who would not do him common
justice. And must any one, a stranger to this
affiiir, think this good lord-mayor, one of the
most treacherous and tyrannous men in
the worldy for stopping a Gbaioa heoavaa bia
M9] ' STATE. TRIALS, 35 Chablbs It. iBSS^^'^iUt oih€r$,fat a KM. [2ia
lide had fewest >oices ? O ! that the Whi{^
party had uercr really and. truly done that
which this writer falsely charges upon the
ceod sir John Moor ! But we must not stop
ken. Bat the two sheriflEs, thinking that to be
anarhilraryactforinterruptinffaregulareleiy
tioB, weat on with die poU. Who made
them, that are officers of the crown, and not
of the corporation, judges to say what was
iriritraryiind regular in the proceedings of
the lord-mayor, aldermen, and citizens cor-
for^Uter eongregati f It is just as if one
should say, the sberiff, at the assizes, thought
that the jodgesdeparting before all business
waa done, was an aihitrary act ; so he oon-
ibuied the assizes by himself. I suppose
soBDe learned counsel hath informed this au-
thor that, if a magistrate doth not please the
Whig party, he acts arbitrarily.
After this the author touches upon the com-
mitiBent by warrant signed by 24 of the
privy connctl ; and that counsel was heard
upon Ae adjournment, of some of the fol-
h»win^ proceedings, down to the double de-
daiatioB of the election, and there says,
fi^ the ' proceeding, (on the lord-mayor's
part) was thought to be by no means usual ;
fiir Dudley mrth, esq. was only put up
to be confirmed, as being duly elected
by the lord-mayor. Here is so much
nbity and so prevaricated, one knows
not where to begin. First, the proceeding,
as in tnith it was, (which is here iaisely re-
lated^ was by all means usual, and so agreed
by toe adversaries bating a few disoonti-
BoaBees ; only they were pleased to call that
usage an osurpation. Then next, here is no
aecountof this mysterious * confirmed,' bntby
my lord-mayor ' duly electe(1,'«whicb is false
sdso ; for the lord-mayor did not pretend to
^ect, hot to point out a person whom (if
elected) he should approve, as hath been
ahewed. So here is a scandalous account of
the proceeding, as far as the author intends it
ahoold be understood^ he conceals the whole
«»aterial truth of it ; and that is a worse cheat
than all the other, misrepresentation. For he
iiath aappresscd the whole story of the custom
and ceretnony of drinking, with the reason ;
which is a subject, not only necessary to be
ezpbined in tlie history of this ^risb, but is, of
itself, as remarkable as any thing that can be
telftted. " If he iiad pleased he might have
passed fay the whole matter, and (as was
said of the tumultuatin^ Jews about ques-
tiona of their law, so of the citizens, about
auestions of their customs) we had indulged
him on account of brevity. But he, with
his thinkings, and 'tis thoughts, comes
nmhd to a dedsion, and condemns the lord
nmror and loyal citizens for coUeaguers
with the Court, to usurp arbitrarily the
rigfatiT of the dty, and rob them of their
dection ; while the food (gnoranius sheriff,
and his Whigs, with a public spirited re-
sohition, stood up and maintaine<l the city
ciffati against those traditorian C|ourt slaves.
VOL. JLX.
And, all this while, no mortal can ooUest
from a word of fact, so as to guess whai
the matter of these great stirs was. And*
from a comparison of his words with th«
fact, aU this appears to be of itself, not only
&lse but maliciously tincted with^ words and
names to look like truth s and so pretending
to a relation, is unintelligible and dark, ta
the intent that folks mayimatt^ne whatia
not :. such is our Complete tiistory ! Let
the following passage speak. <* The mayor
heard the lawyers aigue the regularity of
the late adjournment, bat coming to no
resolution, the Court was again a4joumed.,'*
Here is falsity and contradiction ; for the
. point, apon the first arguing, was rasolved.
and the hall, then^pon aiyoumed: and
fwying here that the Court was again ad-
journed, admits a resolution ; for whether if
might be done, or not, was the question.
But tlie author is not pleased* though
the point was cleared to the satiafiMtion of
. all, to have it determined, but rather remain
a moot point in bis History, or yet i*ather be
condemned by virtue of * 'tis.thought.' The
rest of this }>aragraph trifles and shuffles in
matters not worth notice ; and then he con-
cludes that Mr. Dudley North was sworn
upon the hustings, which is false ; for he
was n<)t there, nor sworn till a good while
af^er that be was sent for to the court of
aldermen, and oommaiidcd to enter into'
bonds for taking the office upon him. So*
this shot, made though at nothing, was by*
guess, and flying.
<* I have now given a representation of ih*
Author's falsities and concealments abou^
tliis momentous change of the city, and^
consequently, of the whole nation. Ha
liath afforded us only a few sideling and
libellous sentences, and for that reason,
affectedly dark and imperfect ; suppressing^
as I noted, all titie true motives and depen-
dances belonging to the proceeding. Ha
would have the business look black on tha
Court side, havinff occasion for abundance of
such arbitrary doings, as he labours to dress
them out, in order to extenuate the ensuing
rebellion ; which is the true reason for this
liis, otherwise, unaccountable conduct. Wa
have had already much, but shall have more»
of the like design afterwards. But, as to
this transaction, that I mip^t clear up ,hia
. mists and mishanes of thmgs, I thouffbtit
necessary to make an entire relation of my
own, which 1 have done out of pure me-i
mory; and think myself not wholly un-
quanficd for it, being in those days carious
and active, and seldom absent at any of tha
turns. But having no thought of ever*
being provoked, aii I am by these, wor^
than, falsities of the author, to recollect par-
ticularly matters that, in those times, I
looked after chiefly for diversion, I kept no
journal, or notc^ of times and particularities
as they succeeded. Nor have I acce^ to,
any otfi«ss where I might gathar from tha
P
»n]. STATE TWAlA-aiC«48l.f«n.J«8?^T'^?^7»fiFf«W¥M«f» t««.
ocigina]S| t)iat is orders, '4ecl9Jr|itioii8, i^id
the like, wbat b needful fbir a just register.
Therefore I am seusible that mms punc-
tualities are here waptlpff, wuicuTlf^ish, I
could supply. &at, as ' ^^ ^e g^qss otejiifi,
and the maufer of fact, \ an) secure of naving
clone justice ; for H welj ofeserYed ^heip,
and, ^t^hink^ shall never forget the m^-
ierial pai't.'^ £xamen, p. 595*.
Cf icerninf these transactions it may reason-
ably be conjectured that the ordinary ^eigrit
<»f ftoger xVortb's political partiality was aj^-
^yated by the consanguinity be^if een hifn
apd sir Dudley North.
Of the tame oocnrrences, the foUovring p«8-
' ngesy extracted from Narcissds Lirttrell't
itik "« Brief SstDrical Relation of State Af-
iiirt," in the Libmry of AUSouli»coH^,Ox-
iM, fitniish a simple and apparently Impar-
tial nonative, the eflRect of whicb is enhanced
(v contrast with the p*rty vehemence of
mrtlft'8 reoresentations, and the elaborate af-
fecti^ion of bis forced and dedattiatory style :
^""Jonej lj681. The 24th was the day for t)ie
election of sbenfis and ofEcers for the city of
London, the IJyery-men of the serej^al
eompanies appeared in an extraordinary
BuCnner at the Guild Hidl : the lord mayor
cud court of aldermen being come upon the
I^ustingji they proceeded to the election;
the persons in nomination for sKerifTs were
i(r. alderman I^Ikington, and Mr. Samifel
ihute, Mr. Ralph Box and Mr. fiumpbry
Kicolion ; M)r. Pilkington was first put up,
who having apparently the majori^ of
fbices, was dfrlared duly elected ; Mr.
. I^ufe with some contest was put up next,
llpd then Mr. Box, but Mr. Shute carried it
' ty nuich to appearance, yet those that were
for Mr.' Box demanded a poll, which was
' ^nted and clerks appointed^ and i|coord-
Higly the poll began which ended t)iat day,
^nd Pilkington and ^ute carried it by
t)u'ndre<ls of vuces. — Sir Thomas Player
Vk-as then also continued chamberlain of
. X^nd9n unanimously. — ^There was a very
ercat appearance of Liverymen, and tiie
[ Court had made wlmt Interest they could
Inat'tbey might ^et die persons set up by
' them CSox and Nicolsonl chosen for she-
pffy,' Tl^e poll wais closed the 24th at night,
and tb^ 97 th was a common hall again for
declaring the sberiffii ; and on the poll al-
derman Pilkington had 3^4, Mr. Shute
3244, Mr. Box 1,266, and Mr. Nicolson
84 ; so that alderman Pilkington and Mr.
^bute were declared duly elected." ^
• As to this election, bishop Kennett, vol. 3,
£. 391, 2nd ed. says, *< The king was resolved
y e&^rcss his diijplcasure at it, and therefore
vhen, on October 13, sir George Trcby and
thtisc two shciifls were sent to mvite his ma-
jesty in tlie name of the city to do them the
lionour of dining at Guildhall oa the 28th,
< 1682, Jun^. Tl^e 24th UeiQg Xhp una} ^j
for ekctipff of sberifisfor the. city of Lpv^do^^
oj^uiy of we fiv^ry men appeareu at Guil^*
^ ; One party crying ujp CJforth «nd BqX
ai)d t^e ^tner pij^bois and pi^iUiop *, ^u^ a
po^l being desired and grant^ itb^t^^
i^meho^rs; ^nd tl^en ^war^s tbeevw^g^
the lor^ mayor cam^ ^aA difipkBed ili«
court, orderinjz tjbem to (^pear on Ti'u^iy
next; Qot\^itnstandi9g whicl^ tl^e ^heridf
still held on the court, and the Xl}f^ PAity
cried out a Hall ! a U^ll ( and eoi^m^upd on
the poH, and there was some xind of t!ot
and tumult comini^ted i^ ^e jkw ; Bm at
last tJb® sheriCTs ^l^ adjourned th^cQUi;tt^
Tuesday next ^ njne ^r tlieVlov^*
'< But the 9.5tb tl^e lor^ 9)f^yor i^en^ ap4 <^9W
plained to bis ij^i^esty against the ^^eri^
who beine sumngioned to appear tt tli«
council, they did accordingly the 26th $
and beins[ thought to be promoters apd up-
holders oT a riot ; th^y were cou^mitted bv
order of council to the Tower, aju^accoc^
ingly conducted thither in then: ^o^u^es by
ibur yeomen of the Guards, only tl^()^H£^ ^^
city.
" It IS observable in this election, ib^ the l^urd
mayor insisted ou his right of chuifing osi€
of tl^ sheriffs himself by drinking tol|iio^
which he had done to Mr. North ; but tbi#
the greater part of the coipmo^-hall w^r«
against^ and vjrould not confirm luin.
'^ In the tranaactiofi of the late electi(ii| c»a
Midsummer-day qf the sheriffi^ some thi^g*
are remarkable ; as first the lord nw^y^r'n
precept to the several companies runs m an-
unusuU form, viz. as well for the confirqia^
tion of the person who was by him chosen, t<^
be one of t|ie shprifis, &c. as fpr the el^
tion of the other, of the said ^erifis, 6c<^ |
whereas former sumnions was to the meqn*
hers to meet and chii^ sheriffs , aa4 then
when this person was put up, it, waii only £>•
con()nna.tion, but this the common- hall wat
alisolutely against, and cried, Ko con%8(iA-
tion, no confirmation! l^he common haU
also returned thanks to the two present she*
riffs for the faithful discbaif^ of their officie.
" June 27th. The court of Hdnf(u Qench
granted a Habeas C/orpus, to brmg up th<
his mt^esty Q^ve them this rebuke : * Mr. Re-
* corder, an invitation from my lord mayor and.
' the city is \ cry acceptable to n;ie ; and to ishew
* that it is.so, notwithstanding tbat it is brought
' by messengers that are so unwelcome to me a^
' these two sheriffs arc, \ et I accept it.'
** His majesty," proceeds the bishop, '* 1mi4
before condescended to a meaner thing by
distiu^ishing the loyal apprentices of London,
and giving; a brace t)f bucks for a dinner at
Sadler's Ilall on x\ugust 4th, and sending rnsiny
of the prmcipal courtiers to diu^j with them,
directing his son, the duke of Grafton, to be
one of the stewanls for another year: all
which was thought no less than to encourage
servants to oppose their masters."
i
lis] " 8TAt£ TRIALS, s'j CdAUtt^ If. iSM.
Ami dMft TlMNdri wktch i»ilfl retilhiflfbte im-
\aiakmA^ ; 4ttfl the Lieutenant oF the
IVl^ei' Mug sert«d l^eAretHih, thbiight fit to
tike no notice thereof.
% Tlie ^6th tlMB tfheHlR Of Lona6n, Mr. Pit-
ld]ifft|Mi tfd Mr. Sbilte wei-e bH)ag4it tib from
the Tbwer o^ Inondoii to tile eoiirt of KM^'s
Bcndi on a iefcoiid H«be&i Cot-ptk, ind de-
iitc^ by their ooUneel to be biiiled ^ biitMr.
AtHfiney QenerAl exbihitib^ an bfornia^ion
Aen in oouit agaimt them roi' (he said riot,
Ibr wlli<^ they we^e committed, they pleatled
ftst toit» Kot Goflty (in which aidd idfbrroa-
tinii there were abotit forty olh^r perions
meiflhMiell lid rioters ; a4 ^d^rman Henry
Cornish, rtr Tbomils iBoM, sir John ShoHer,
lord Gre^ bf Wart, atd^ihan Ellis, John
Tteilohtrd, ^. laid others) tHen thev #ere
admitted ttf bail^ Whd were Mr. James Hayes,
Mr. Midinel GMfref , Mr. Benjdhin Ood-
, mid Mr. John Biiaden ; the princt-
were bOdnd in S,000/. a piece, and tlie
b 1,000^. e«cb^ Itt desire of the Attor-
ney General.
Jttfy ath. The ciame djnr beib^ the Mst day
of <be term, thfe ^herifis app^iired etlHf at
tliecotirt of Ksiig:'* 0ench, and h$d Aeir
i^ipearance reeorded.— And it bemff the
ocy appointed for the eleetion of sfaeiifis
neceranr to th6 IMe lidjoartitotet by
tlie l0rd noaycnr, th^ sheriffir appeared
nir the InlBtiB^, aftd the citLzens in great
BlAuheiitf, bnt tfie I6rd may6r lleih|f in-
disMaed, Mr. Reeotder, W his lordsbip's
OT«er,4iedtte(lil wtHllfisrlo^hip'd desire that
ihepoU aHoiild be adjbiimed Ol Fri^jr the
Tth ; whiereateti the ^heriflii donanding of
the cotoOMNi-han if they weto williiff to
defer it, tne nl^ part were ifgahkit it, so
tfaejjr firoeeedipd itt the p6tt ibr some hours ;
which bong finished tfnd east op; the com-
ami-hattiifsbtiti^tohave th^ pbll declared,
jflie «hertfls did llecordingit, Mr. North
1^7^ Mh ^kA .l,to9, Mr. PapiHtoll 3,754,
wBAJtkt. DoMi S,7d9 ; which twd last har-
ti|g^ life ttU^/t^rBCt weM deidared sheHffe ftr
^hft ]fenr $s&mat % Aiid their proceedings'
^MeerMcd to be recorded br Mr. Town-
^iBi1[,aMlbeiirthe6dfiMlMitt-bidlbf6ke up:
Dttinuf this day 'tf proceedings, four oonkpa-
nies of the frailied Minds were on the gfoard.
^ The rtil, the kffd mayet, seme of tM sd-
devufett,' talk tlie kittens on ihtft side met,
early at G«ttd-haH (MtWiftstteidingthe pro-
^seediqpl^on Wednesday)to proibeed on the
poll ; ti which the dllier party hanng no-
tiee, iMtdiey should be stripA of their pri-
fUegiea, «aiif^ to Gcdid-hall in great nu|n-
BeM ; 4nt a difli>uto arising between the
BBsy^ Aid aldermen about his preteAded
.a^oominettt, some IttwVers were sent for to
decide it, sirCtoerge/effefysitodlirr. San-
deniii beMf «fthe loi^d mayor. and^Mr. .
WiBinaBS aftd Mi^. Pbllexte fbr the sherifis,
who^debileitAiettlatier, Mt coming to
no
iteie^. «to idM >My<Mf fuiOidf adjiWoed
Hi^ cbfitt tfR this day seven-nfgrht beinir
tB*i4th.
<< The l4th a!^ihift bommon halt met in g^eit
-ntiraberS at Ghild-hall : the lord mavor and
aTdemlen beidg boiine upon the Hustings.
Hid majest^^s order iii couticil was read,
And tlieri the ford mayoi* infitistM on tiis nri«
▼i!e|^, and d^tdred Mr. I^^inii t6 be sW
rifr, which the Cbri^ihoii halt would by no
iil^ns adihii, bdt cribd but fio f^ortb,, ne ,
rforth, no confirmation : but& Papiifioii and
Dtibois : ^en the ftbenft^ telling the conif*
itiod-half, thet w^ by kis tidaje^ 's order t»
poll anew fsalTO jure tb the last poll) tliey
beenn td proceed ilt four in the afternoon to
pot) for ail fobr, which the loWf ohavor hter-
m^ of eittue and ai^ourned the p<A igaixt till
to-morrow feren of the (;lock. ,
'' The 15ih according io yesterday's adjourn-
ment bv the lord mayor, the cottwnon kali
dissembled and tbey proceeded to the poll :
the sherifiiB had books to take it, to also sOme
appoifiiea by the lord mayo^ took it ; the
sheriifb wodld poll fbr all feur, the imd
tnayorfor but three, -saying Nordi was al-
reiidy chosen (though it is said his lordship
consented to poll for ad four, but ailerwanui
thought fit to alter his blind,) the books
behig closed ilbd east lip, ttie sherifis ctoie
upon the hustings and declared how it was
in the books, North lot, Bot 173, PaDitlio^
9,4813, Dabois 9,491 ;jaid a£:aiDstconfir|na-
tion 9,414: So thd Papillion* 4nd puboia
were again decUred efected sherifis, ii which
Hhere was a great shout : Butt ihelord m^or
and some 61 the alder^h cai^ie afterward
on the hustings, ^d dectired Box to be. ths
other sheriff as having the mt^oritVy vis.
1,944 in ifif bool:, and Fapilliott ind Dubois
but 60 j after which the sherifis cauie agaim
Upon the Httstings, ahd declared Papillion
and Ihibois sherifilt IVhai will be the issns
hereof time must shew ; Some nersoos ars
ttrangely exasperated against the lord mayoc^
and most blame him fbr ih^ onusuid prepept
that summoned th^ common hail, such aa
one having been never kfiows befove.
The affair of the sherifis is thai Vfhuih
causes great differences; the Whig- par^
thinkkjg the ford mayor hath done them ja»
hn^, have brought actions of tlie case against
his fartlsbip which increase in number eve^
0ajf; they say that the sherifis were ever
the pro^CT mani^ers of the poll, that the
lord mayor was wifiing to poll for dl four,
until a certain minister or state was with
hito, (sir LeoKne Jenkins) that in a ^tUe time
diere will be a common councSt called,
and then they think to receive satisfaction
hi their rights ; but if Aie lord mayor shaM
proceed to swear North and Box, iiey think
they hav« power to turn them oat ac^n on
idichaelmas-^y ; if all these fail, Uiie}^ ar^
resolved to proceed by way of nUindaipos,
act of the court of King's bench, to try the
issue the next term.
n
^^ Thejtrthbeiiigs eoo^ /ft sXlii^m^, ibeA
£15] STATE TRIALS, ^5 Charlbs IL iGh^.-^Trial of Tkmoi Pilkifigi&m [tl€
was a numerous appearance <A' the Uv^ry
men at Guildhall, *to have the lord mayor's
answer in relation to the petition formerly
delivered concerning Mr. Papillionand Mr.
Dubois their being called to hold sheriffs for
the year ensuing ; some of them beinf call-
ed iui his lordship's answer was read, that
the court would take care such persons
should be sheriffs who were legally elected,
as also of the rights of the chair and of the
whole city, and if things were done other-
wise, the law was open ; Some of the livery
^en attempting^ to reply, that this was no
answer, his lordship bid them forbear and he
gone, which they not doing presently, they
were commanded in the king's name to de-
pa i*t ; and then the court adjourned till after
JBartholomew tide.
** September, 1682. On the 5th was held'a
c^urt of aldermen at Guildhall, where di-
Tei*s citizens attended and delivered another
petition to the court, to the same same sub-
stance as the former, tliat Mr. Papillion and
Mr. Dubois being legally chosen sheriffs for
the year ensuing, they demanded as their
right, aud as the oath of the lord mayor and
alderm^ obliged them also, that they might
be summoned to seal their bonds to hold the
said ofHce or fine off; then they were or-
ilered to withdraw, during which time Mr.
Box was called in : aud after the citizens
were re-admitted, and the lord mayor told
them their petition had been read, and was
to the same effect as some formerly de-
livered ; and that Mr. Box had been nnce
called to accept the office of sheriff, but that
he had submitted to a fine, so that now they
should have another common ball to elect
another sheriff to serve with Mr. North, to
#hich some replied, they had already cho-
sen two sheriffs, and would adhere to the
first choice, and did desire no more common
halls, saving there had been too many al-
ready about this aflair, at some of which se-
veral received their death ; On which his
lordship commanded them in the king's name
to withdraw, or they should be looked npon
as tumultuous.
•* Mr. Box's fininjip off. hath caused much dis-
course, the Tories blaming him on the one
side, and the Whigs gathering heart on the
other, promising themselves success; but
the more modei-ate persons like not these
proceeding's, dreading the ill consequences
that such heats and divisions may occasion.
•* The 12th was a court of aldermen held at
Guildhall, where many citizens attending
were callefl in, who presented another paper
to the Court for the calling 3lr. Papillion
and Rlr. Dubois to take the office of sberifft
on tbeau whereto thev wei-e lawfully chasen,
protesting asfainst the election and confir-
mation of Noi-th and Box, and that if en-
deavours were used to the contrary hereof,
■uch proceedings would be a breach of
your trusts, and a violation of the rights and
privileges of the citizens of London; then
the dtieens withdrawing; a debate mnme in
the court hereon, which oocasionii^ toine
$harp words, the lord mayor ordered the
fiwora to be taken ap and so dissdved tha
court.
" The 14th was another court of aldermett sit
Guildhall, where many citizens attending,
those of the Whig Party delivered another
paper to the same effect as the fonnsr in.
the behalf of Mr. Papillion and Dubois ; the
other side deU%'ered a paper desiring that
that court would appoint a common-ball to
chuse another person to serve with Mr.
North already confirmed ; then a tfatid
paper was presented hy Mr. Kainton (late
member of parUament for the coanty fit
Middlesex) subscribed by many gentleoien
and freeholders of the county of Middlesex
in behalf of Mr. Papillion and Mr. Dubois,
which on the other side was protested
a^nst by sir J. Butler and others, as done
without then* consent, or' (as they believed)
the majority of the freeholders of MiddksejCy
saying they had nothiifg to do witli th«
city's choice of theu*. sheriffs ; then they
were all ordered to withdraw, and aAer some
time were called in, and told that the court
had considered of their several {letitions, and
would talce care that such persons should take
the office of sheriffs as were duly elected ; and
that in tins aud all other things, that court
would endeavour to maintain the rights and
privileges of the chair and of the whole
city, and wherein you think we do other-
wise the law must judge between us, and
were told that the lord mayor did intend t«
call a common hall on Tuesday next to ehect
another fierson to serve sheriff with Mr.
North, which occasioned some to cry, No
North, no common hall, we ha^e chosen
already, but they were commanded in the
king's name to depart.
<' The lord mayor, wben he avunmons a
common hall, usually sends bis precept to
each company, but this time be only sent
word to the clerks of the companies.
^^ The 19th being the day appointed for a
common hall to chlisea person to serve with
Mr. North for sheriffs of London and Mid-
dlesex, the liverymen met at Guildhall in
great numbers; about 11 the lord mayor
and some of the aldermen came upon the
hustings ; and the common cryer proceed-
ing to make proclamation, there was so con-
fused a noise that nothing could be beard,
then the lord mayor and aldermen retired
into the council chamber, then the common
seijeant came forward on the hustings and
put up Mr. Kich, at which there was sueh a
noise of No Rich ! anil that they would stand
by thdr former choice, that nothing dse
could be heard, then the sbt'rtffii came tor-
ward and put it to the common ball whether
they w ould proceed to a new election or
stand by their old choioe ; and much the
greater number was for standing by their
old choicey thou^ n^any people (it m
417] STATE TRIALS, 35 Charles IL 1683.— mid <dhir$Jer a Riot. [218
dmghl) held theor bunds Mlwrvite than
tiwy inteMled, it Mug bardiy pMsiMe to
httrwhat was pat up, hat a poll being de-
vandedyfliid gianted by the sheriffs, tbe^
adjoamed it for an bonr or two ; whilst this
VM doing ibe lord mayor eame Wun npon
the hastily, and dedared Mr. Rich law-
fiiDy cbosen, ^though the noise was so great
it could not be heard, and then dissolved the
hall and went to bis own boose ; about two
. in the afternoon, the sheriffs began the poll,
during which time the lord mayor sent to
them to desist, for he had dissolved ihe hall,
bat they proceeded ouj and, upon casting
np the books, found there nas 2,082 for
standing to the old choice of Mr. Papillion
and Mr. Dubois, and 35 lor Mr. Rich ; and
die shcnfb hearins' that the lord mayor
came again himself, hastened upon the hust-
ings and declared Mr. Papillion and Mr. Du-
baia legaHy elected again, and then ' ordered
the people to depart, whidi done, the lord
mayor caused the g^tes of Guildhall to be
■hut up.
*^ The next day bemg the 30tb, the lord mayor
and seme of the aldermen went to White-
ball to inform bis majesty of the proceed-
ings, and there were some affidavits made
agaimA the sberifb, wherefore a council was
SDromooed in the afternoon, and the sherifls
ordered to attend, which they dmng, tbey
were told they had proceeded in a riotous
manner which they must answer, and so the
two flhenfls gave a recognizance of 1,000/.
each, mtid tea bail in 500?. a-piece to appear
at the King's-bench bar the 1st day <n the
neatt term, and to answer to an information
tfiere, and in the mean time to be of the
good behaviour, and so were dismissed.
*' It is thiHi^t by most people that Mr. North
and Mr. Rich will take on them the office
ef sherifls of London and Middlesex, not-
widistaoding their contested election, and for
this end they are fitting up OoMsmitbs and
Urapers halls : these things make some per-
sons down in the month fearing the effects of
these two being sheriffs ; and scruple not to
say to what end they were set up ; that if
the lofd mayor would chuse one sheriff,
ther never knew any cotour he has to chuse
bote; ^ley call him a betrayer of their
rights, and are resolved to pursue the utmost
rnnedy the law affords ; and some fear not
' lo aay the ofci sheriffs will not deliver up the
prisons to diem. These things look ill and
are much tobefoared ; and the other side
areresolvedto stand by Rich and North, for
tbf*y will have thein in as legal officers ;
time must produce the consequences hereof.
** The 26th was a court of aldermen at Guild-
hdl, where Several liverymen attendlno^ pre-
ansted a paper to the court in the behalf of
Mr. Papillioii and Mr. Dubois, very sharply
vcpffesenting to' the oourt'tbe breach off heir
trust and violation of their oaths, but they
had answer returned them as formerly an<^
wcrrcomnnDded to depart. Afterwards Mr.
Pteter Rich was called to give bond to take
upon him the OlBoe'of sheriff, which he did
accordingly. Mr. Dudley ^orth sheriff
elect by the lord mayor, sent to his cm*
pany the mercers, to demand^ as usual,
several of their company and officers to ac-
company him to Gmldhall ihe day he takes
the office, but the said company holding a
cotut thereoii, made an order that none of
their members^r officers should attend him
on pain of being turned out, but that they
should accompany Mr. Papillion to the said
hall to present biui to be sworn one of the
sherifls of London and Middlesex.
« Tlie 29th being the usual day for swearing
the sherifls elect for the city of London and
Middlesex, there was a ffreat concourse of
people at Guildhall early, out the gate there-
of was guarded by the Trained Bands of
the city ; and several of the liverymen,
who were kno^vu to be for Papillion and Du-
bois, were denied admittance until the lord
mayor himself came : about ten his lordship
came, accompanied with Mr. North and Mr.
Rich, and entered the hall; some Traineid
Bandls also were placed before the hustings,
and lieutenant-colonel Quiney, who com-i
manded them, offered an abuse to sir John
Lawrence, one of the aldermen, by pulling
him down off the hustings vi hen he was go-
ing up ; who afterwards went to sir Robert
Clayton and made oath of the assault, and
had a warrant against the said Quiney, who
was taken by a constable at the head of his
company, and carried before the lord mayor
himself, who bound him over to the sessions ;
these guards also gave great dissatislactJOB
to many citizens, complaining that they had
a military power set over them. After some
time, the lord mayor and aldermen came
upon the hustings; proclamation was
made for Dudley North aiid Peter Rich,
esqrs. to come fprth to enter upon the office
of sheriffs ; they presenting themselves to
the court, the common serjeant began to ad-
minister the oaths, when Mr. PapilUon and
Mr. Dubois laid their hands also on the
book ; but the lord mayor commanded them,
in the king's name, to depart and keep the
peace ; so they departed, and several of the
aldermen, who wereof their side, went out
of the court also. After Mr. North and Mr*
Rich were sworn, they were apparelled ia
their fur gowns aud gold chains, and Mr.
Hastings was sworn under-sheriff^ which
ended, his lordship walked home on foot,
with the new slieriffs and some of the alder-
men of his party, ami were afterwards en-
tertained by the new sheriff<t in Grooers'-
hall ; and, m the afternoon, the new sheriffo
sent to the old ones to deliver jip the gaoJt
and prisons, which they readily performed.
** It b^g usual for the old sheriffs to treat
the lord mayor, &c. on Michaelraas-day*
Mr. Pilkington and Mr. Shute sent to hia
lordship the night before, that since the city
was come under a military govemmenl^
tl9] STATE TRIALS^ $5 ChaklbsII. i6B5^7nial of Tkomci PWghtgl&m t23D
«c
<(
tbev thought it no vraper time for fe«^'fie[)
ai^athererore should not eoi^rtaiii his loro-
ship to-morrow.
Oct. SS. There was klM a xtiotibil (br a
Nandflmns to be directed, to the lord mayor
and aldermen of London, for the swearingftr.
Papillioa afid Mr. Dubois into the office of
feherifi^ of London, but the court ordered
cause to be shewn oh Monday next.
Norembef . The 23rd of last month brings
the first day of the term, a motion was made
at the King'S-bench bar for a Mandamas to
be directed to the lord mayor and aldermen
of the city of London, for swearing Thomas
Papillion and John Dubois sherifft of the
Said city ; but the court thought fit to give
the lord mayor, 5cc. till Monday the 30th
of the same month, to shew cause why a
Mandamus should not ffo ; which day com-
hig, counsel for his lordship moved, that in
regard that was the day the now lord mayor
entered on his ofiice,xand was a busy day in
the dty, they desired further time to shew
cause, which the court granted till Friday
the drd of this month ; which day also com-
ing, the court put it off to Tuesday the 7th
instant, in regard they were to go into the
£xche<fuer to the pricking of sheriffs ; then
it came on the 7thj and counsel fbr.the lord
mayor objected that they would take out a
Mandamtn directed to the wrong persons,
iriz. the lord mayor and aldermen, where-
tts they ought to direct ;t to the court of
the lord mayor and aldermen ; counsel on
the other side for Mr. Papitlion and lilr.
Doboissaid, they desired nothing but that
ihe writ should go out to the proper offi-
^rs, and that the matter migut come to
ft bearhig, and it was at their peri! if they
took it out directed to a wrong person. Now
the court thought fit to put it off till Tues-
day next to consider how the practice has
been to direct Mandamuses in such cases ;
this, if it were in an ordinary case a Man-
damus, Would have been granted on the first
motion.
* At last the court of King*8- blench Are come
io a resolution in the case of the Mandamus
io swear Mr. Papillion and Mr. Ddbois she-
tifft elect, and they ordered, the 15fh, that
A Maiidamns should go directed to the lord
ftiayor and aldermen.
* An* alias Mandkmos was granted the sfiine
day fbr the swearing Mr. FapilliOtt aiid Mr.
' JKlbois sheriffif of London."];
rOEr INFORMATION.*
LoddM, it.
{(Bit remembered, that Robert Sawyer, Imt,
Attorney general of our lord the kiag, who far
* The original Indictment runstbiia:
" London $t* Quod 24 die Junit, anno reeni
!Q[>ouiuCaioli0Bciiadi nuBC Rcgia Aogl V £c
our said lord tlie king in tbis bsjalf
teth, ooBneth into court ill his ^rttperpenov oil
Friday next after fifieen davs ^ ttie Hbl^
Trini^, in this same teriBf and fbr oilr iaid lord
the king doth give ihe oOiut bare td undentand
and be informed, that the 24th da|r of iiutef in tb^
84. apud Guildhall dvit* London ousedam Gur
assembiatioQ* civiiun et lihieror* hotilin* cfvit^
London (community vocat* a Comm&ii HaUijpef
Jobaanem Moore, Mil*, adtunc et adbile lla-
jorem civit' Lgndon, summoiiit* et «oiivdcnt*
coram eodem J. Moore Mils M^^ore mii'
pnedS le^ntimo modo tetit* fyit tarn dHi ddiitf
election' Vic' civit' pro execution' Oflic* Yic'
civit' prsd' pro uno adnointepv jirox* sofneB^
post vigil' festi sancti MichacJu Areh' aOtima et
adhuc prox* futur*, qnam proi^e^stion' divcafaor*
al' officiar* civit' pned'.iqtlodq; adtanc etihideiift
in Cur* prsd* incept' fuit ntunetara capita (An-
glice to take the F4UI) de electorib' tilnd eft
3>idem prcesentib' pro manifestatione deoliMiis
personar' deservitur' in oflic' Vic' civit^ pfiad'
Sro anno suprad', quodq; pned' J. Moore Mils
la^or eivit' pripdict',- postea eddem 84 di^
JunUanno r^gni dicti Dom' Regis nunc S4 «a->
prad' apod Guildhall eivit' London* prfed^ m
paroch' sancti Michaelis BaasUbaw Laiidon
pned' legitimo modo fecit et fieri caosatitpro-
cbmaiion' pro adjom' Cm" ftwd* me ot prMor-
tar* tent' et adtunc et ibid' pr»d' J. Moore MilS
Mi^or civit' pned', cur' pned' legitimo naodo
usque diem Martis tuqc prdlx' fiittn*', aiyomant
apud Guildhall civit* London praed' tenend'^ et
adtiwc et ibidem post atyomment^ prsd', aicut
prKfertur' fact' prsd*, «F. Mooje Mil', M^or
civit' London piied' fecit et ften cawsavic ]pro-
chunatioa' jpuolicam pro deoeaiion' omnioni
personar' ibidem ex oocaaione prad'asateiUat**
£t ttkerhis idem Attorn' dipt! Domibi Rteia
nunc ^eral' pro eodett Domiibo Rm at
Cur' hic inteKigi et intdmuiri, qoMiA Thoaia*
PiUungton nnper de London Ar' et StDMiel
l^hute nuper de London Ar* (tiAio Vic' iSlvit*
London' prttd*V, el Henr* €<mtb nvati de
London Ar*, Ford Donuniis Grey de iVaikea
Thonuis Gold nuper de Lokidon lb', Johaiinee
Shorter nuper de London MH', TMwb Player
nnper de London Mil* WiMiehnna OnbtoB
nuper de London Mil*, SKnesby Bethel ntip^ de
London Ar*, Nelthlope n«|^ de ban -
don Ar', Johannes Aylifio nnper de LomUns
Ar*, Johannes EUis naner de LSndnn Ar*, Fian-
ciscus Jenks nnper de London linMar*,^ Rober*
tus Barker nuper de London Gen*, Jobnance
Beagle nnper de Londoir Pannar*, Ricbaidae
Freeman nnper de I^mdon Catfearins,' Bcswa»
min Smith nuper de Londtn G^', Richardus
Goodenough nuper de Loodoii Gnn*,' R. Kay
nuper de London Merealor, Lney KnigMUgr
nuper de London Gen*, . Jobannea WMkbam
nuper de London- Gen', Sanniel Swynft^k neper
de London Mercator, Joabna Brma Bmpdf de
London GenS Jo* Jekyfl* nnper de Lonriott
Gen*, Donnan Newmaii nnper dp JLondon
G«n*, t. Rnwbnaon nuperda Lqwton Gen*, T.
. CerpenlflrMVerdaLQiMhMt'OeiifyT.Gbailalaia
m]
m:hTltVmAM,9ie^knmlll€%s,M.mii4hf^f»MRM. [t4«
dyiM-M Qflb^city qfLpoOmi, ^pfm^oooil
ftrmrpWi^y t^? citiza^ anA ivetmeii of the
4RPiiiMype4 w4 c^llffi hy «it ^. Howe, Imgbt,
Iba and y^ VM^W «f tli^ cil^ of io«i4p«» w^
in « lawful maiiQar hM Move the said nr Joba*
Moor^, knight, mayor of the city aforesaid, a*
veUibr the due election of shenffs of the^ty
aforesaid, for the execution of the office of she-.
jiflToftbe said city for one whete year/noKl
fodoving after the Yigil of thefeaat of 8l.Michael
Wfn de London GeaS Johannes ^^U jun.
napo- de |xmdo^ Gc^S ¥^< Alsep iiqper de
LoQiloB GenS M. Bl^cito^ Q^HP>^ <^ Mkndoo
(kn% Can . Batiynan nuper de Lon^^n QenS
JdwBM Tr«nchard nuper de London Ar^,
Sn* MiPer auper de London GenS J.?rvaa By-
M nnQer de London Qea'; W. Peachy nuper
k Londc^ G?i\S et ^^ardus F^rring^^n
ifjper de Lepit^n Ar^i pniunis^' Wd' satia
^nnS sol exirten^ wsr^on' male dttppaitS et ,
wcbhiyi* et u&teniki^i' pacem dict^ Domini
Regis nunc et comnmnem tranquiHitaV hi^us
n« Awl' uiquielare) moles|aio» et pei:t9rb«re»
^pnr^T. PiQangton et & Shu^ sob colore
ifiqi ¥1^ crrit' V»d(»i pisedS et pried^ H. Cor*
aik. Ford D^mifma Giey, T. Gold Mils J.
S|orier ^^^ &^ poej^ e^ pgsta4iomament<
dS sat dii^ 94 4\e iuaji anno vegn^ dicti
ini Hegia nunc 34 supradS apnd pa^roch^
t«|c4 MJcbarifn B. London pnedS «) Guildh^U
ped* ibidein n et annis^ &c. riotow, soutoc^
ilficile, et flis^tios^ 49se cum ylur* al* person*.
iHaje difpwiit'i eti P?cis dicU I>omini Be^^
^KICtii^i^aM^S rt num^ g^fle persons**.
,4iij^« dM^JPQlBhii B|9gif^i^oc genecalS
iMpqgnit* ^fliemblayer*, congr^gaver^ et
ni4j^^yet'.9d pap^ dicti Domini Regis nunc
yfi;^dhji|»4.«.; et sipaa^embMS oon(pegmt«^ et
ysdyini* eiostenS adtunc et ibidem ¥l et annis,
«p. Tiprtqee, voifliHWi, el ilHcite, io. et sj^per pred'
J. Hoore. l|ilS Bi^i9r' c^ivit' pned' ia pace Dei
ei^acti Dfun' Regiftadtunpetibid* exiatenS hi-
a^ «^aQrai|i|n C^^, etipaiini Johapnem Moore
Jffi^ MtnaQ ei.ibifl' TerbenorerS Yulneraver^, et
n|letnM^^f^>. ita q^uod de vita ejua ma;xim^
fejperililftlur: etpostaii^n^ament'pra^f,etpror
jIunAt^* FiraodS ajc ^t lype^fertar per prafat?
4.1ipe9e ifibl* M^r' civit' prasd* $M!tf, ip^i
nff T« Pilkington et San^uel Sbut^, adtunc
<i Mto» c^tof ^ officii 8|M Yic« dYit^ Lon^kin'
udl, ^ ara4' Hispr' Cornish, Ford QM>ininu#.
^, t.Q^JUiilLS J. Shorter Mils ^^ cnm
fan^ al* fMenw^nf ^dem Attorn* dictjk Doyiini
fiaB%B||D^ flepaeral* adhuc incognitS pnefiu*
t/R efcS. SMe ilhcite et seditiqse %ia9lia9< «|t,
PiAkipgton» & Shute, H. Coraiih^ Fo«d Domi*
nils Grev, T. GoM Mils J. Shorter MUS et al<
tunc et ftiftdem pned* • illicite et male dispoait^
persons tic ut pra^iertur asseaohiat* «t congre*'
g^t* vi et annis, &c. riotose, routoae^ illicite el.
seditioae, per spatium trium horar* ad pacem
dicti Qommi Hegis nnai; perturbaad^, etriol^
pr^* committeud* excitaver*, moveaS pnnaia-
▼erS procnraFer^, e^sdtunc ^t Uadem^ per lolotti
tempos pvodidwiK in paroeh' et varda pae*
dicta GuildhaU London prvdS magnos rumovet
damores, vooilevatioBea tor ribil os , et inselito^
atridpresy vi et wm^ &c. riojboseV fqmIousq^ el
illicitae tuuBidjtooae, et aeditiose leoer*, et fieci
oftivwver* ^ ex«iMvrer^» in ooi^mpt* diai Dn^
mim Regfianune, leffumq; auairS paciaqne sn*
pertiirbo^nS ^ violation* manifesl«, ad magn^
pericul* indtiwd* etmovend* tumult*, eteiuaion^
quamplurimmn sanguinis iidem, ad magn*
torror*, in(|aietod*» et tin>or* omn* ligeoK* subdit'
dictji ]>oauni Hem» in makiip axemplnm omn*
al* in tab ca^n diSiuquen*, et contm pacem dicti
Domini Regis nunc, coron* et dignitat* mufm^
Sifi. Undo idem Attorn^ dicti Domini H^a
nunc general* pro eodem Doooino Begi pet* ad-^
TJsfunent* Cvr* hie in jpfseHUss* et debii* legUL
ress* versoB pnefat* T. PiUungton, $• Shutoi
Cornish, Ford Dominum Gt»y» % QM,
Mil*, J. Shorter Mil*, <Sce. in hac ^j$e fieni a4
respondend* dictoDom* Bf^de et m pratoMSsS,
(kc. per quod imeoept* fuit Via* civit* London
prad*, quod venire iao* eoa ad responds 6cc4
l^tmodo,8cil^, die Meivur* fros.^ jioattreasepR
timan* sanctve Trin*, coram Dona* Bisge apudi
WestmS ven* prted* T. Pilldngton, Sk Sinte, eH
Richfirdua Goodenough, per Benedict* Brow*
AjktcMmaiMm auuisy ethabito audita informalioni**^
prosd*, sQpamtim dicunt, quod ipsi non sunt iadai
cuip*, et de hoc pon* se sepuratim super patriam':
Btpr^d* B. ^w}iier Mil*, Attorn* Dem' Begpn
none generals ^ P^ eodem l>omino R^jfemi
h^ partly sequitur simiht', 5ic. £t super bo***'
idem Atlom* dicti Dom' B^;h( wine Ciei^ral*^.
pro eodem Dominp B^ dicit, et Cur* hie o»-,
teuditk qned TiMcaaaPi&ngtonetS. ShutoA^
il^dc^'coqtintiayer* adcsp^tanipnenmdf
tahs, thfi Foil) de person* sicad tmic
it ihi/tfwa iVr"V* a^seinhlatS tapqusm et q^a6i
tpdem pOTwm* li^te a^sei^iVlat* fiussent pro
Actione ric' ci?it* ^aod* : !^t quod prs4* T.
tl&(«ShiiEte, H. Cornish, Ford Doiiuuus Grc^
t. Gobi Mil*^ J. Shorter Mil*, 6cc. time et ibir
4pa iUkate, tumultuoaet c^seditioaa, atSim^fer*,
Ct qoili^brt eor* affirmayit, dixit, et alt^ voce
Boed* male diapcysit* p^raonij^ aflSiynaritt quod
Sd^ Johanna Moore, MilS Major civit* Lon-
; pneds illicite et i^juste assumpsisset super
« liMal* adi adjornaiid* Cur*, mm sibiprced*
4.' Mom iMMi pcftmfitali,; %wn|)im pjEveifb *£.
vl et. armis, &c. riotqi^, r^^itose et dup defend* superius nonvi&atS, V-ioeeom' cinl^
London pr^d* ad pneseos Q(iati^lt^ tamen ips*
idem Attoum* dicti Domini Begis nunc Genew
pvo eodem Domino Regt pet^ brei^ft DaminL
lUgps pis^t* Vie* LondoD dirigendS de venite
^* coram Domino Rege dutNlecim^ 8tc. ad
triand* exit^ pcaiiat* int* dictum. Domimmii
'Aegean ett partes pned*6upenu(siin forma.psied*
JuDMct* : Bt.quia pned* defend' hoonondedicS.
idoo preicept^ eat preaiat* Vic* civit* London^
quod yenire fac' coram Dom^ Be^, a die sanetit
Michaeli^ in tres septiman* ubicuiMpie, Sec*
duod«)cim, &c. per qoos, &c. et qni^ 6iCi adi
recQgn* &lc. quia tam» (xc. idem die&dat* estc
tarn pc#ftt* B. Saniytt Mil*<i qui swyittm y (Sow
J I
tiS] STATE TRIALS, 55 Chasles H. iMS— THii/ 6/ Thmgi PUkingtan [j»?4
tben and yet neict coming, as fortbe election
«f divers other officers of the said city ; and
dien and there id the said court it was beg-un to
take the poll of the eleccoi^ then and there pre-
sent, for the making known of the election of
the persons to serve in the office of sheriffs of
the said city, for the year aforesaid. And that
the said sir John Moore, knight, mayor of the
sai^ city, afterwards the said 241 h day of June,
in the 24th year aforesaid, at Guild-hall of the
said city of London,, (to wit) in the parish of St.
Michael Basstshaw, ].<ottdon, in a lawful
manner did make and cause to be made procla-
mation for the adjourning of the said cou|t so as
fdbresaid held, and then and there did adjourn
the said court until Tuekiday then next following
to be held at the Guild-hall of the ssid city of
London ; and then and there after the said ad-
' — 1
qaam prad' T. P. S. S. et R. G' &c. Ad quas
quid' tres septiman* sancti MichaeHs coram
dicto DominaRege ven' tam prsed' R. Sawyer
Mils qui sequitur, &c. quam prsed' T. P. 8. S.
et R. G. per Attorn* $uu* preed' : Et Vic< civit'
London non miser' inde breve, ideosicut al' ven'
inde Jur' coram dicto Dom* Rege in octab^
sancti Hflar* ubicunque, &c. per quos, &c. et
3ai' &c. ad recoff', &c. q^ia tam &c. idem dies
9t^ est tam praefat' R. lawyer Mil^ qui scqui-
tar, &c. quam prsed' T. P. H. S. et R. G. 6cc,
ad quas quidem Octab* sancti Hilar' coram
^Hcto Domino Rege apud Westm' ven' tam
praefat' R. S. Mil', qui sequitur, &c. quam
prssd' T. P. S. S. et R. G. per Attorn' suum
prsd', etFord Dominus Grey, H. Cornish, T.
Gold Mil', J. Shorter Mil','T. Pktyer Mils
&rc. per prsfatf B. B. Attorn' sou* similiter
¥en', et habito auditu information' prsd' se-
paratim dicunt, quod ipsi non sunt inde culp' et
lie hoc similiter separatim pon' se super patnam.
JEt prard' R. Sawyer Biil', Attorn' Domini Regis
nunc General', qui pro eodem Dommo R^e
in hac parte sequitur, similiter, &c. id^,
sicot al' ven' inde jur* coram dicto Domino
Hege in octab' Pur* beats; Mariie Virginis,
ubicunque, Sec. per qiios, &c. et qui nee,
te. ad recogn', &c. qui tam'. Sec, idem
dies dat' est tam preefaf R. Sawyer Mil', qui
seqoitnr, Sec, quam nrted' T. P. S. S. R. G.
JE'ord Domino Urey, Sec: ad quos quidem octab'
Pur* beate Mariee Virginis, coram Domino
Bcge apud Westm', ven' tam prefat' R. Saw-
yer, Mil', qui sequitur. Sec. quam pr«d' T. P.
S. S. R.G, Ford Dominus Grey, H. C. T. G.
Mil', Sec* per Attorn' siium prssd' : £t Vic'
civit' London prsed* retom' nomina duodecim'
jar*, quor* nul*, Sec. ideo preecept' est Vic'
pned', quod' discing' eos per omnes ter*, Sec. et
quod de exit', &c. et quod habeant corpora
eor' coram dicto Domino Rege a die Pisflcb' in
qwindecim septiman', ubicunque, Sec. vel coram
dilect' et fidel' Domini Reg^ Edwardo Saun-
ders Mil', Capital' Justic' Domini Re^ ad
placitaooram ipso Regetenend' assigns si prius
die Blartis prox' post mensem Paschs, apud
Gttiidhall civit' London, perfdrmam statut',&c.
Tea' pro deteu jur*, &c. idep Y\fi^ babeaot cor-
joumment, so as aforesaid made, the said sh-
John Moore, knight, mayor of the said city of
London, did make and cause to be made public
proclamation for the departure of all persons
upon the said occasion there assemUcd: and
ftirther tbesaid attorney fi;eneral d^h give the
court to understand and be informed^ That
Thomas Pilkington, late of London, esq. and
Hamnel Shute, late ofLondon, esq. then she-
rifis of the said city of London, and Heory
Cornish, late of l^ondon, esq. Ford lord Grey
of Werk, See, the said premises sufficiently
knowing, but being ill disposed jierson-;, and de-
vising and inten£ng to disquiet, molest and
trouUe the peace of our said lord the king'^
and the common tranquillity of this kingdom
of England, they the said Thomas Pilkington
and Samuel Shute, under colour of the office of
pora. Sec. ad recogn' in formapriBd', Sec, Idem.
dies dat' est tam pneftkt' R. »iwyer Mil', qot»
&c. quam prsed' T. P. S. S. R. G. FOrd
Domino Gi-ey, H. O. T. G. MU', Sec, ad
quas 'quidem quinque septiman* Paschie, isto
eodem tcrmino, cor' Domino Bjege apod
Westm', ven' tam' prafiit* R. S. M'd', qiu
sequitur, &c. quam praed' T. P. S. S. R. G.
Ford Dominus Grey, H. C. Sec. per Attorn*
suum praed', et pnefat' Capital' Justic',
coram quo, See. mis' hie record* suum corani
eo habits in haec verba, Postea, die et loco infra
content', coram infra nominal' Edwardo Saun-
dei<8 Mil', Capital' Justic' dicti Domini Regis
infra scripf, associat' sibi Edwardo Watts Gen*,
per foniiam statut', &c. ven' tam infra nominat*
K. Sawver Mil', Attorn' Domini Regis mine
Generaf', qui' sequitur, Soc. quam pned' T. P.
S.S.R. G. Ford Dominus Grey, U. C. &c.
per Attorn' suum infra script' : Etjur* jurats
unde infra fit mentio exact' ven' et in jnr' ill«
jurat' existunt, et super hoc publica proclama-
tiopro Domino Rege fact', prout mos esi, qood
si aliquis sit, qui prcfat' Capital' Justic', aut
Servien' dicti Domini Rcfna ad legem ; aut
Attornatum ilicti Domini Re^ Generalis^aiit
jur' prssd', de infra content' inlbrmare vellety
veniret, et audiret ; et super hoc Geoigius JeT-
fereys Mil' et Bar', ex parte dicti Dom' Reg* ad
hoc fac* se obtulit, super quo process' est per car*
hie ad caption' jur' praed' pro jur* nrsed' modo
compareil', qui ad veritat' de infra oontent',
elect', triat', et jurat' super sacramentiim pned*
dicimt, quod oned'T. Gold Mil', J. Brooks, W.
Miller, T. Charlton, D. Newman, J. Jekyll
junS B. Alsop, M. Meriton, J. Trenchard, et J.
Byfield, non sunt culp', nee eor* aliquis cidp^
estde premiss' in informatione in recordo pned*
mentionaf , prout interius plaettando aUegaver*:
et ulteritts jur' prsd' super sacramentum suum
pned' dicunt, quod pnrd' T.Pilkinglon, 8. Shute,
Ford Dominus Grey, T. Player Mil' S. Betbett
Arms FJenks, J.Deade, R.Freeman, R.Good-
enoufi^h, R. Kay, J. Widcham, S. Swynock, et
S. Jekyll sen', sunt cuTp', et qnilibet eor* est
culp' de premiss' in intormatione infVa'scrij|it'
mentionat', prout per raformation' pned* intenua
versus eo0 suppoaitur, ideo, See,"
es] STATBf TRIALS, 35 Oharlb« Ih 1 66$.'^ndMeri,fi4' m
[%26
therifh of the said citv.of {london, and the said
Hcoffj Coraiab, Pord lord 13rey, ta^d others
afterwards, and after the adjournment aforesaid
(to wit) thesind24thday of June,in the 34th
year aforesaid, at the parish of St. Michael
Baasiahaw, London, aforesaid, in the said Guild-
hall, there with force and arms, riotously, rout-
aody, unlawfully, and seditionslv, did assemble,
congregate, and unite themselves with very
many other ill-disposed persons, and breakers
«f the peace oT our said lord, the king, to the
nomber of 1,CM |)ersons, to the said attorney
ffeneral of our said lord the king as yet un-
KBOwn, to disturb the peace of our said lord the
king ; and being so assembled, congregated,
and united, (hen and there with force and aims,
Sec. riotously, routously, and unlawfully, in
and upon the said sir John Moore, knight, mayor
«f the city aforesaid, in the peace or God, and
•or said lord the kine, then and there beingp,
did nudEe an assault ana affray, and him thie said
nr John Moore, knight, then and there did
beat, wound, and evil-mtreat, so that of his life
it was gretttfy despaired ; and afler the adjouni-
meat aforesiiid, and proclalnation so sis afore-
said made by the said sir John Moore, knight,
niATor of the said city, they the said Thomas
Firiungton and Samuel l^ute, then and there
by colour of their office of sheriffs of the said
City of London, and the said Henry Cornish,
Ford knrd Grey, &c. with divers other persons
lo the said attorney-general of our said lot d the
Idns^asyet unknown, unlawfally and sediti>
OBsiy aiding and assisting the said Thomas 1^1-
kinijgton and Samuel Sbute with force and arms,
dee. rioioosly, routously, and un1awfiilh% did
there continue to take the poll of the ])ersons
so then and there unlawfully assembled, as if Ihu
said persons had been lawfully assen^blcd for
the election of sheriffs of the said city ; and that
the said Thomas Rlkington, Samuel Shute,
HeiUT Cornish, &c. then and there unlawfully,
tnmultvoiislv, and seditiously, did affirm, and
erery one of them did affirm, say and with a
kmd voice to the said ill-disposed persons a Hi mi,
fhat the said sir John Moore, knight, mayor
of the said city of London, did unlawfully and
umostly assume upon himsdf the liberty to
a^oum the said coort,'which did not belong to
bim : and that the said ThomtTs Pilkin^on,
Hamnel Shute, Henry Cornish, <&c. then and
ihoe, the said unlawful and ill-disposed persons
so as aforesaid, assembled and 6oii<;regated
with force and arms, riotously, routoiisl^r, un-
hwfollyy and seditiously, by the space of three
hDors to disturb the peace of our said lord the
long, and to commit the riot aforesaid, did stir
ap, move, persuade, procure, and then and there
by the whole time aforesaid, in Guild-hall,
London, aforesaid, in the parish aforesaid,
grest nunoors, cries, hoUowin^s, and terrible
asd unwonted noises, with force and arms, Sec.
' lioloasly, routously, unlawfully, tuniultuously
I sad sexutiously, did make and cause to be
aade, and did stir up, in contempt of our said
I lord the king, and the manifest disturbance and
; ii(4alion orhis laws, and his peace, to the great
yoL. IX.
danger of stirriog up and moving of a tumult,
and the spilling of much bfood there, to tha
great terror, trouble, and fear of all his ma-
jesty's liege -people, subjects of our said lord the
King, < to the ill example of all others in the
like case oflTending ; and against the peace of
our ^id lord the king, his crown and dignity,
&c. Whereupon the said atlomey-general of
our said lord thekinff, for our said lord the king,
pray eth the advice or the conrt in the premises,
and due process of law against the said Tho-
mas Pilkmgton, Samuel 8hute, Henry Corni&h,
Ford lord Grey, Sec. in this behalf to be made
to answer our said lord the king, of and in the
premises, Sec.
[To this Information the defendants had
pleaded Not Guilty.]
Cryer. You good men of Nisi-Prios, sum-
moned to appear here this day, between our
sovereign lord the king, add Thomas Pilkin^-
lon, and others, defeildants f answer to your
names^ and save your issues.^
The Jury appeared.
Mr. Sommcn. My lord, I anl to challenge th>
array.
31 r. Thompson, My lord, I desire this chal-
lenge may be read.
The Challenge read in French.
Z. C. / (Sir Edroond Saunders*). Gentle-
men, 1 am sorry yon should have so bad an
opinion of me, as to be ^o little a lawyer not to
know this is but a triQe, and nothing in it.
Pray, gentlemen, do not put these things ui^oii
me.
* A very curious account of this Chief Jus-
tice Saunders is given by Roger North in his
life of his relation. Lord ICeeper North. It ap-
pears that Saunders at tirst was no better tlum
a poor beggar boy, if not a parish found liug,
without known parents or relations. We hear
of him early in fife contrinng to subsist in Clc-
mcnt*8-inn by obsequiousness, arul courting the
attorney's clerks for scraps. His extraordi-
nary attention, diligence, and what Roger
North cnU.4 observance, disposed the members
of the Inn to countenance him. As he appear-
ed very ambitious to learn to write, one of the
uttomtcs frot a board knocked up at a window
on the top of a staircase, and that wa$ his desk
where he sat, and -wrote after'copies of court
and other hands which the clerks gave him.
He thus made some pence by hackney-
writing. In this occupation by degrees he
acquired a conversancy with forms, which
branch of knowledge he cultivated and so far
improved himself in it, by the study of books
which he borrowed, as to be, in North's phrase,
an exquisite entering clerk. By perseverance
he became in a few years an able attorney, and
then an eminent counsel, first in special plead-
ing and afterwards in general business ; so that
while h^ was at the bar his practice in the Court
of King's-bench was not exceeded by that of
any hamster. His art and cunning were
I
M7] STATE TRIALS, $S CHarxes IL i6S5.— Tnrf of TkmMs
[21S
lord.
X. C. J. You W9uld not have done ibis before
another nidge : vou would not have done it, if
sir Matthew Hale bad been here.
Mr. Thompson. My lord, I bebeve if there
had been nothing in it, it would not have been
aigned.
Mr. Attorney General (sir Robert Sawyer.)
Very few but Mr. Thompson would urge iL
Mr. Thompson, I do not know whether you
think so, or not, Mr. Attorney ; but I have a
ereat deal to offer, if you please to answer it.
We offer our Challenge in point of law.
X. C. J. There is no law in it.
Mr. Thompson, We desire it may be read in
English.
X. C. J. Why ? Do you think I don't un-
derstand \X ? This is only to tickle the people.
The Challenge read by the Clerk ac-
cordingly.
Serj. Jefferies. Here's a tale of a tub, indeed !
X. C. /. Ay, it is nothing else ; and I
wonder lawyers would put aucn a thmg upon
me.
Mr. Thompson, My tord, we desire this
Challenge may be allowed.
' X. C. X No, indeed, won't I, there is no
equal to his knowledge ; and his success in the
causes in which he waset^^aged was frequently
effected by snares and other tricks of his con-
trivance. The detection and even the exposure
of his oractices, however base and however dis-
Sraoenil they might have been, seem never to
ave distreitfed or disconcerted him. Upon
such occasions he had recourse to some jest,
with which sort of evaibion he was very ready,
and as it appears very successful. In the pro-
ceedings upon the Quo Warranto against the
citj^ of London, he was much employed for the
crown. Of his personal appearance the hea-
viness and awkwardness is said to have been
as uuoommon as the promptitune and vivacity
of his intellect. His oody is represented as a
lump of morbid disgusting and oftensive matter,
fuid the same brutish insensibility of shame
which disposed him to consider his base viola-
tions of the lowest honesty as matter of mirth,
enabled him to indulge in gross and odious ef-
fusions of coarse and vnl^ jocularity upon
the most loathsome concomitants of his diseases.
He was the author of a book of Reports, which
are composed in an admirable simplicity of con-
struction, and exhibited with a lively interesting
dramatic air, and in a style of exquisite terse-
Mr. TJumpson. 1 desire it may be read, my j colour for H ; and I am apt to think, tfierc ar»
not many lawyers in England would bav*
put such a thing upon me : because I am
willing to hear any thing, and where there it
any colour of law, i am not willing to do amiss t
Therefore you think 1 am now become ao
very weak, you may put any thing upon me ;
without you think I was always so, and there-
fore may be so at this time. For, pray now
consider, if so be the king's counsel should
come and plewl this Challenge, what would b«
the consequence of it P I thought you would
have said, that the sheriff had been a-kin to
the king, but you have made it worse. Yon
do come with a long tale here of the whole
merits Of the cause, and more than Vet doth
appear ; and by this you would have tm chal-
lenge to be allowed : in such a case a man may
come and tell a tale of the merits of the cause,
and then it must be tried by the Challenge. If
the sheriffs do return an inquest for the kin|c,
and the sheriffs do hold of the king a fee-farndy
or have a pension or an annuity from the king*^
the book doth say, that in some cases it is s
Challenge ; for though they cannot be chal •
lengcd as being favourable for the king, yet
for those reasons they may be challenged.
But what is here? Here you tell a lOng pro-
cess concerning a difference.between the mayor
and the sheriifs, and all this matter is wrapped
up all together ; and if all this were true, it m
no Challenge at all.
Mr. Thompson. We shall speak witli all sub-
mission to your judgment, my lord. — Good
Mr. Attorney, give me leave.
'Att, Gen, I move for yon.
Mr. Thompson, If you please, you may
move for yourself; T don't need you to move
for me. My lord, with submission, the infor-
mation is not good: My lord, it is an in-
formation that doth set forth, tliat my k>rd
mayor had right of adjourning the poll, when
an election is to be for sheritls. My lord, if he
had not that right, it can be no riot according
to this information. My lord, upon his ad-
iouming, Mr. Sheriff North was cliosen : My
lord, if tliat adjournment was not according to
law, Mr. Sheriff North never was sheriff of
London ; then, my lord, here is the case in this
question of title; for Mr. North doth come in
question. Whether he be a legal sheriff of
London? • _ .
X. C. X Prove to me now that of sheriff
I North; pray what annuity, pension, or fee-
; farm hatn he as sheriff of London, whereby he
is concerned?
Mr. Thompson, My lord, there are other rea-
ness and precision. Lord Mansfield denomi-
nated him the Terence of Reporters. It must sons which \ shall sfiew to you ; and the first
not be omitted, that the learned seneant Wil- , reason, my lord, in this case, is this ; it wOl
liams has by bis notes rendered the ust etlition ! appear the election of Mr. North is interested
of Saunders's Reports a profound, perspicuous, ! in this matter ; and sir John Moore had not an
ample, and most instructive and satisfactory opportunity to adjourn the poll, Mr. North was
digest 6f the law, respcctiojnr the important not chosen duly sheriff; now, if thesheriff^s
topics, which were agitateil in the causes re- choice come in question in point of right, it is e
ported by his anthor. Since this note was good Challenge.
prepared, the profession has been deprived by ; X. C. X In point of profit it might be tao,
daath of the learned Serjeant. and not in all cases neither ; for he Uiat holds
S99J STATE TRIALS, 35 Charlss II. l683.— Mif aiker§^Jvr « Riot. [2dO
you sa; nothing, that the Venire should not go
to North. ^
Mr. Thompson. No, my lord, I pray, good
my lord
L. C. J. Should it have gone to Dudley
North, and then hare been cliAllenged for him f
Mr. IhfmptOH, No, I beseech your lordship
we do not say so. My lord, we say. That
whereas they do charge in the information,
that there was an assembly for the election of
sherifis and that sir John Moore beinff then
mayor, did lawfully, according to law, aqjoom
this assembly ; and that aiWwards the de-
fendants, PiJldngton and Shute, did continue
this assembly, and took a poll, and so they
would make this a riot in the continuance of it .
My k>rd, we de say this. That the election of
Mr. North upon this, point doth come in <{ues-
tion ; and my lord, we do say, That if that be
not a legal adjournment, then Mr. North is not
legally chosen.
L, C. J. Right, BOW yon have told it in
more words.
Mr. 'rhomp$on. We say. If the election b«
interested, they are all partiies by law.
Se^. Jeff", Who would you have the process
go to ? — Mr. Thompton. To the coroner.
X. C. J. Very well, upon my word. If he
weresheriif, it cannot go to the coroner, vou
know, and therefore if he were challenged, to
go to the coroner—-—
Mr. Thon^ton. * Sub judice lis est,' my lord.
Serj. Jeff", We desire for the king, that the
challenge may be over-ruled.
L. C. J, Ay, ajr.
Seij. Jeff, I desire the jury may be sworn.
Mr. mllianu. Certainly if tliey be impa^
nelled by persons that are not sheriflb, that is^ a
m tapUc of the king, cannot be chal-
lowed for all that
flDr, ThoK^MBon, I think, my lord, this is a
commoa case in our books. That if in case a
sfaerifTbecxmcemed m point of title, this is a
princiiial challenge, because that he is^ inte-
rested in that titfe, he is no person by law to
retom a Jnry . I do not doubt but your lord-
ship will do that which is right, and according
to nw. My hnrd, I say, where a sheriff is in-
terested in pMoint of title, he is no person by law
to retotn a juir, and this question will appear
pfaunly upon this information \ for if in case
Diis was not a lawful adiouinment by sir John
Moore, this is not a lawiul return Gentle-
men, my lord I know will hear me, if you
l^ve but patience ; I always speak and stand
m for my clients as 1 ought to do. If you
Dlense to let me have liberty, t have my ferd's.
If a sheriff be concemed in point of title, it is
a ptincipal challenge, and the sheriff ought not
to return the jury, but the coroner : And, my
lor^y much morem this case ; for that the very
title to the office of sheriff is here in question,
and therefore he is no person fit to return this
jviy, my lord. We desire your lordship's
^pinion.
X. C J. Mr. Thompson, mefhmks you have
fiMmd out an invention, that the king should
never have power to try it even so lon^ as the
irarld stands. I%iy you, sheriff North is not a
i^ht shoiff, who should have been? Why,
say jou, Dubcns and Papillon, or one, or both
of ^esn. Nov the king he hath brought his
wiatfoft a riot.
Sen. Jd^ And an assault and battery upon
mtimok Moore.
Mr. Tkommnn. That is a fiction.
L, C. J. The king hath brought his suit,
and brongfat it to an issue. Why now, if so
be this e&allenge should have any thing in it,
then the king must have challenged North,
and what must he have done then r Why, for
Fspilkm and Dubois,^ they are not sheriflb
n cKT/v, dien, say you, the coroner. Pray,
Mr. Thompson, if so be the king had made the
Veniie either to PapiQon or Dubois, or to the
coroner : Whedier or no had not the cause
been found against the king, before one word
had been saio actually for him ? You say the
enestion is. Whether be be a sheriff or not ?
n the kinff had challen&^ed him, and made the <
Voure to uie coroner, mr God's sake, had not
that made an end of the question ?
Mr. Thim^um, No, my lord, not at all.
i. C. J. Now ? Then I understand no-
tbi^.
r- Thampton. My lord, if the sheriff ap-
pear to be ooncemed, it doth not determine toe
1. C, J. But it does by yourown opening
w. Yon say the question is, for which you
4» now challenge the array, because it is re-
tnraed by • sirDndley North, supposed to be
Mieof the shcrifb, and tell the whole process,
kov that in taith it is a question whether he
itasfaeriff ornot; and thtrefore, say you, or
good challenge, that is admitted by every
body ; now we have made a challen^, and that
is a good cause of challenge certainly, if that
were the cause. But now, my lord, I must
confess what your lordship says, it is a difficult
tnatter to challenge any array, because they
are arrayed by a person that hath an interest,
or some such thing that is a challenge of the
array, but that is not the matter in this caa^
It cannot be denied, if these persons were not
sheriffs of London, that that 18 a good cause.
I take the result of the challen^ to be this :
Say we, the principal question of this informa-
tion, the riot, will depend ' upon this questiosr,
whether there were a regular adjournment, or
uotP There,, say we, b^ins the question of
the riot. If so be that my lord mayor of
London that was, bad power to adjourn the
court, and it be admitted a regular adjournment,
certainly the riot would follow, and what fol-
lows then ? Tlien comes on a question, and it
is immediately consequent upon it, that these
genttemen be actual sheriffs of London, they
being actually chosen upon this adjournment,
thejr are actually sheriffs ; But if reall v , my
lom mayor had no power to adjourn, and that
power was in the sheriffs, that they were ac-
tually taking the poll, and the poll was for Mr.
Dubois and Mr. Papillon: HhsA the question
43 1] STATE TRIALS, 35 Charles II. i683.— THa/ cf Thom$ Pilkmgt^ itt$^
if, if so be the adjournmeDt by my lord mayor
were not a goo> adioumment, then the iioU
wa»a regular poll taken by the sheriffs, then
Gonseqiieutiy those that were elected upon that
were truly chosen, and then it is a right chal-
lenge. These gentlemen, I must confess,
they are sh€ri6s dc facto i hut we know very
well there may be soeriffs de facto^ and there
may b6 other sheriffs dejure, these things are
very consistent. If so be that Mr. PapiUon
anrf Dubois be duly elected, they are sheriffs
de Jure, but they want the formality, for they
are not sworn, and cannot return a jury. On
the other side, the sheriffs are sheriffs de facto,
but not legally chosen, and the riot will depend
upon that question, of the other persons that
are sheriff's de facto and not de jure. This we
sasrgest in this, whether your lordship will re-
ceive this challenge, or whether your lordship
will proceed first to the trial of the cause, and
let this follow. My lord, might not there have
been something in this case upon the roll at
Westmiostef ? Might there not have been a
surmise to this ]mrpose, because there is such
a question upon the roll f For it appears, that
the comnjon hall was for the election of she-
rilFs, and that it was adjourned by the mayor ;
Andwhnt ti'llowcd? Might there not be such
a surmise, that the Venire facias should not ijo
to the sheriffs, but to tHe coroniT ? Mignl
there not have been such a thing ?
L. ' C J, My speech is but bad : Let me
knmr w Itat objection is made, and if I can but
retain it in my raem'?ry, 1 don't question bi|t to
give you satisfaction. If the king had brought
ab intbrraation against Mr. Sheriff North, and
"Charged him with a crime, there is no manner
of question, that the king should have chal-
lenged as he was a sherift*, and sent the Venire
to the coroner, or other ofScer ; here he is not
accused, nor to be acqutttcfl, of any crime.
Gentlemen, I put you upon this, if so be that
the sheriff of London should get a great deal
of money, (but I never tlnde:*stood, that he got
by it) ff you prove, that he hath got any coii-
siderRble matter by the ofiice, it would be some •
tiling in the case, that he should be greedy of
the office. Biit look ye, on the other side, if
there be nothing in if one way or another, that
there Is profit accniing to him by the office,
what cau the law say ? But liere was the ques-
tion betwcwi, indeetl and in trnth as you do
open it, between the mayor, sir John Moore, I
think, and the sheriffs that then were, that was
the question between them. Now what is this
in point of law, rhat the sheriffs must be chal-
lenged ? They must be challengted, because it
is returned by these 'sberifft. ■ You can't say
the sheriffs do fasrour—theking.
Solicitor (Jeneral. My h>nl, we trouble
year lordship about a question very unneces-
«ary : The sheriff is not concerned in this ques-
tion, neither can the consequences affect the
aberiff any way.
Sir Frc. Winn. Mv lord, if I don't ^ew
that he is conceited, dotwitlistandlnjQ^ what
•Mr. Solicitor says, it ia . another matter. If
this had been noon a common riot, and not
related to the election of. sheriffs, it wouM
have been faardef against us. I only offer
a word' or two, and submit to your lordship.
This information doth take notice of tbe^ dec-
tion of sheriflfe, and of an irregularity in dis-
torbing the late lord mayor about aidioumin^
the poll : 1 do believe, my lord, it will not t>e
denied, but that in this cause a riot or no riot
will depend upon the poll, or the mayor's ad-
journing. It that be so, that which your lord-
ship is pleased to urge, that the sheriff gets no-
tiling, yet that he hath assumed the office d€
facto, appears by the return, that is very plain,
my lord, he hath assuitied it, and did exercise it.
R it appear to be legal or illegal upon the aii-
joummcntby the mayor, then it must have
one of these two consequences. My lord, I
humbly conceive, till the sheriffalty had been
agree«f, it wonld have done very well for BIr,
Attorney to let this riot alone, unless he woakf
have made it a common riot *, if be wonld have
been plea.sed to stay till the law had determined
who had been the right sheriffs, then process
would have gone for the king. And, my lord,
there is another thing under favour : If Mr.
Attorney had been pleaded to prosecute for the
king, then surely, my loid, there was away tQ
lay it so that the process should be returned
by persons uninterested, and ]not by the she-
riff whose election is in controversy : I don't
argue out of the record, but by the record it-
self. If in case it doth appear still to be imder
consideration ; if that be so, I do humbly oin-
ceive, because that right of elpction of sberiffii
is undetermined, that therefore he might have
made the process to the coroner, if he would
have made h before ; but it should not be heard
befoix' the election of the sheriffs,- because it
will be a riot, or not a riot upon that.
L. *C J. Good now, sir Francis, yon mifltake^
it could not be to the coroner.
SoL Gen, My lord, it ?s but wearying yon^
lordship to no purpose.
Mr. Wallop. If he be not a sheriff^ that title
of his dcpeuding upon my lord mayor's ad-
journment, which is reasonably set forth, it is
concerne<I in the consequence of the cause.
Att, Gen, If you please, my lord, 1 will
answer what hath been said. Mr. Thompson
did first urjre according to the rules of law, if
the matter ibat appears upon the record be the
thing in question ; that if the sheriff be inter-
ested in that matter, that that is a good c^use
of challenge. That is a good rule, and the
law is so ; but that is nothing to this purpose ;
niy lord, here upon the reconl there is nothing
in question but a fine for the king, nothing to
he recovered : where londs are in question, as
in an ejectinent, if the sheriff be interested in
that land, in that case that is a good challenge ;
nothing to the purpose. Then thgr say it ap-
pears in the record by recital, and in the infor-
mation, fbf that is the substance of all they
tO] STATE TRIALS, .35 Charles II. WM.^Mnd Ukenjor a Riot. [?34
saj : it dotb appear there, as it is said, that
the mayor 4liil adjoam the court, and so the
WKStion of the riot will very much stand upon
neTalidity of that adjournment. But it dotb
Dot wholly stand upon that ; for there are
many omtrag^eous actions, assaults of the
mayor, throwing-off his hat, great clamours ;
thrusting and pressing many of the aldermen ;
nay, fanusing tliem ; so that this riot, not-
wittistanding the* adjournment, be that as it
wili, will appear, in the upshot of the cause, to
be a riot, notwithstanding that question. But
in the second place, die question of Mr. North's
bong a sherin, or not a sheriff, no ways de-
pends upon this adjonrBmeut, no pretence of
the title depends upon tlxat ; so, my lord, they
bate sug^gested a thing that is foreign to the
record ; it depends purely that, upon a custom
of the dty for my lord mayor to elect, not upon
the power o^ my lord mayor's adjournment ;
for alter that they proceeded on with the former
choice of Mr. I'apiUon and Mr. Dubois ; so
that whether that adjournment be a good ad-
joamment, or no good adjournment, nis title
will depend upon £at, whether at the second
meeting or no Mr, Papillon and the other gpc-
tleman be" well chosen, and Mr. North not
well chosen ; so that his title doth not depend
upon this question one way or other. But,
mv lord, that which makes this as frivolous a
dung as ever was urged in a court of law, my
k»rd, that it should have been upon rulehefore
any direction to the sheriff or coroner, if they
wouKI have had process ; they have sug-gested
matter of fact wholly out of the record, matters
have been suo^gested, that it might have been
tried fiefore it came to direction ; now there
appears nothing in the record to bring a chal-
lenge to try the matter ; nay, as they tliem-
■elves say, it is to try the merits of the whole
information, that the informadon depends upon
that question, whether the mayor may ad-
journ ? It is a great usurpation upon the go-
TemmoDt of this city, as they have done in
cdier things to the king. My lord mayor is
Ac supreme ma^strate here, and the sheriffs
have nothing to oo in this ])Qint, and therefore I
pray it may be over- ruled, and that the jury
may be a worn.
ifr. Thompson. We would have, my lord,
the benefit of a bill of exceptions.
8eij. Jefferies, Swear the jury, swear the jury.
Mr. Thompstm, I have another challenge.
L. C. J. 1 tell you plainly, I see nothing in
it for a' bill of exceptions.
Mr. Tkompson. We desire we may have the
knefit of a bill of excqrtions. my lord, if
this he the case of trying & not, we must take
vbat advantage we can in point of law.
Scij. Jefferies. We come to counsel the king,
asweougnt to do, by law.
Mr. 'Jniompson. Wfy lord, I challenge, on the
behalf of my lord Grey, this jury. [Challenge
retd.]
Seignior Grey.
Ait, Gen. They call that a Newgate chal-
Mr. Wttlfop. That was a challenge taken at
the Old Bailey.
Mr. Tfiompson, And over- ruled.
Serj. Jefferies. And I pray it may be so bare.
L. 6\ X i think your challenge is, that .
they are not sheritl's ?
Mr. Thompson. My lord, is the fact true or
false ? I desire of these gentlemen, if it be in*
sufficient in point of law, let them demur.
Serj. Jefferies. Pray tell me, llobin Hood
upoa Greendale stood ; and therefore yuu must
nut demur to it.
Mr. Thompson. If the chaUenge be not good,
thei-e must be a defect in it eitlier in point of
law, or in point of faot. I desire, on the be-
half of my lord Grey, this challenge may b«
allowed.
Serj. Jefferies. And I pray for the king, that
it may be over-ruled.
£. C. J. I think you have owned them to be
sheriffs already.
Serj. Jefferies. My lord Grey did own it in
his challenge, because there wei*e no knights.*
L. C. J. We try a great many Nisi-Prius
here sometimes, two or three days idter tha
term, every deleUdant, that thinks it goes hard
with him, we must have a trial still, whether
the sheriffa be sheriffs, or no ? This that you
have done now, may be done in every cause
that we may be trying. Upon your evidence
• " February, 1683. The I6th was a trial
at Guildhall, before the Lord Chief Justice
Saunders, touching the pretended riot atth#
election of the present sheriffs of London^
against the lord Grey ofWerk, sir Thomas
Player, Mr. Pilkington, Mr. Shute, and se-
veral others, the jury being returned by North
and Rich, the two sheriffs, and a good one it
was, being in their own cause, a chaUenge waa
taken to the array, for that no peer" [qu.
knight] << was returned being m the case of
a peer of the realm. The challenge, was al-
lowed and so it was pot off to the next term.'*
Narcissus Luttrell's *' Brief Historical Rela-
tion," &c. MS. in All Souls' library.
See, too, S. C. Skinn. 117. 3 Mod. S62.
But now by st 94 G. Q, c. 18, s. 4, after a
recital that great delays did frequently happen
in trials where a peer or lord of parliament was
party, by reason of challenges to the arrays of
pannels, of jurors for want of a knight's liein^
returned on such pannels, for remedy thereof it
is enacted, ^* That no challenges shall be
taken to any pannel of jurors tor want of a
knight's being returned in such pannel." The
report in the text does not at aU disagree with
Luttrell's account of the Reports in Shower
and Skinarr. The challenge for want of a
knight appears to have been made when the
cause was called on at the sittings alter Hilary
Term, 34 and 35 Car. 2, whereas the trial aa
reported in the text, was not had till nearly
three months afterwards, and there seems not
then to have been any deliciency of knights in
the pannel. {t appears thatthe nva persona first
sworn upon the jury were knights.
SSS] STA1X TRIALS, 35 CiUALBi IT. l6BS^THal of TkwM Pilkmgiom [2S6
if yoa can prore them none, you go » great
way.
Mr. Thompson, My lord, we denre the
dwlleoge may be allowed, or otherwise a bill
of ezceptioDS. My lord, we pray a bill of
exception^.
Seij. Jefferies. This discourse is cmly for
diaooarse sake ; Ipray the jury may be sworn.
X. C. J. Ay, ay, swear the jury.
Sir Benjamin Newland, &c. sworn.
Mr. Thompson. We challenge Mr. Fensil ;
be bath given evidence in this cause at the
council-table*
X. C. J. What then ?
Ait. Gen. My lord they shall have all fair.
L, C.J. Mr. Attorney says be won't stand
upon it.
Mr. Thompson. My lord, we pray a bill of
exceptions.
L. C. J. I think many would not hare
offered it besides you. Shall I go and sign a
bill of exceptions, to let all the world know
this is so, and so all the world must try whether
they be shehfts of London ?
Mr. Thompson. My lord, do not say so ; for
I think all the counsel in the court would.
X C. /. If it doth fall out, that in truth they
do not happen to lie sheriffs, surely you shall
iiave all tne advantage that can oe for you ;
but pray do not think, that I will put off a
Irtal upon every suggestion that the sheriffs
are not sheriffs. You shall have aU that is
law by the g[race of God, and I am not afraid,
that you or any num should say, I don't do
justice ; I am not bound to gratify every man's
nnmour ;* I am to do according to my con-
science, and the best of my knowledge, and ac-
oonling to my oath ; and I will do that, and
gratify no man.
Sir Benjamin Newland, Sir John Matthews,
Sir John Buckworth, Sir Thomas Griffith, Sir
Edmund Wiseman, PercivaT Gilbnrne, Henry
Wagstaff, Barthol. Feriman, Thomas .Black-
more^ SamUel Newton, William Watton,George
ViUars, jur.
Crytr. O yes, O yes, O yes. If any man
^ can inform my lord the king's justice, the king's
^ acigeant, or the king's attorney, or this inquest
now to be taken, &c.
Mr. Do/^en. May it please your lordship,
* In proceedings in which, under the statute
of Westminster the second 13 Ed. 1, st. 1,
c. SI, a bill of exceptions lies, the judge is
obliged to seal such bill. See the stat ; Run-
nington's ed. of Hale's Hist, of the Common
Law 990; Tomlins's l^w Diet. 3 Blacks.
Comm. 379. It appears that in Rich. v. Player,
aarej^rted by sir Bartholomew Shower (p. 368)
next immediately after this case of Pilkmston
snd others, a bill of exceptions was allow^ on
a challenge of the array. As to the form of
prooedare upon a biU of excqitions, see in this
CoiOsction Leach against Monfjy and others,
i. n. 1765.
and you, gentlemen of the jury, this is an In-
formation Drought by the king against Thomas
PiUdngton, &c. Gentlemen, the Information
sets forth. That upon the 24th of June last,
in Guildhall, there was a common hall supi-
moned by sir John Moore, knight, and there-
upon held for the election of sheriffs for the
year then ensuing the feast of St Micha^:
and that on the same 24th of June, sir John
Moore, then mayor, adjourned the court tUl
the Tuesday following by proclanmtion. That
after the said adjournment, my lord mayor
made proclamation for all persons to depart:
and that the defendants, intending to disturh
the peace of the king after the a'ljournment
aforesaid, did unlawfully, With many persons
unknown, meet together, and riotously assault
the lord mayor. And afler the adioumment
by proclamation, tivo of the defeoJants, Pit-
kmgton and Shute, by colour of then* office aa
sheriffs of this city, and the rest of the defea-
dfints, did continue the poll, and unlawfuU j
affirm to the people, That sir John Moore had
no power to adjourn them. And that they con-
tinued this great tumult three hours, to the
terror of the king's subjects, and the eidl ex*
ample of others, and against the peace of our
sovereign lord the king. To this the Defen-
dants have pleaded Not Guilty, &c.
Attorney General. This Information, my
lord, is brought for settling the peaee in this
city, and to shew before you all, who is th«
supreme magistrate under the king in this city i
for that, gentlemen, you see, is grown a great
<luestion. Whether my lord mayor is not only
in the hall, but in his chair, the supreme ma-
gistrate ?
Gentlemen, I must acquaint you, that my
lord mayor in all times, even liefore the ci^
had the election of him, was the king's lieu-
tenant, and the supreme magistrate in the city,
and no public assemblies could ever meet
together without his sununons; he was tiie
great and chief director, and this 1 believe ia
all your observations that are of the jury, I
can make it evident, that this hath been tha
constant frame of this government in the city :
for the sheriffs, g^tlemen, they are no corpo-
ration officers, they are county officers, as ia
all the counties of £ngland; and they are the
king'troffioers for the execution of the king's
writs, and the preservation of the king's
peace ; but the government of the corporatioii
IS in the mayor, and not in the sheriffs. Gen-
tlemen, the question now arising here, is ahout
the election of sheriffs ; it is true there were
very disorderly tumultuous proceedings ; ray
lord mayor he comes and doth appoint another
day for them, and discharges tnem at that
time. We will make appear to you, that it
was always his right in all times, both to sum-
mon a common Iwfl, and dissipate it, and ap-
point them another day, or to dissolve them,
as the mayor did see cause. Tlie mayor hav-
ing, according to the ancient manner, ad-
journed this eourt, the sheriffs they proceed ;
do not only refuse to obey, but they proceei^
137] STATE TMAIA d^ Cil aklbs Uf i6S9.-- mil i^heriffmr n JUol. [23»
lad mke prodamaliony that it m not in the
power of tbe mayor, takioff upon them that
whidi never anj sherifls du in any time ; they
mke proclamation contrary to what the mayor
M done, and continue the poll, and proceed
nd pfrodaim the mayor had usurped that
p0«rer which was thorns, though allerwards
they transferred the supreme power to the
Ererymen ; but I think no age will siifTer, that
the supreme jpower should be in the livery-
men, tiuU are expressly ap^inted to act by a
common council, whicn is indeed the repre-
KotatiTe of the whole city. But this, gentle-
nen, bang'done by thesherifis haviug usurped
the power of the mayor, they did pn^eed in a
Moos manner; when the mayor attempted
to go out of the ball, they strucK him, struck
his hat off, and pressed several of the alder-
nen ; the evidence will make out in what an
OotrageoviB manner it was carried on. If the
sdiers had made opposition, how soon had all
been in confusion upon this usurpation, that
the shenffii had set up for themselves, that
they aire the delegates of the people, and must
ippear to be the supreme magistrates of the
a^ of London ! I think the citizens them-
9^es will never endure, that those that are
bat oomty officers, shoi^ ever invade the go-
venuBflDt of the corporation. Gentlemai, we
win shew you the particulars of this, and you
hare nothing to inquire after, but whether they
guilty of the not or no ?
Soiiciior General. My lord, we will call
oor witnesses, and prove our case by these
Meps. For the questioo, That whether or no
the dsfendants in the ixiformation were guilty
of a riot, in continuing the assembly after
my lord mayor had adjourned them, we wiQ
prove it by these steps, that it is in the power
of the kird mayor to call a conunon hidl,
and adjourn the common hall ; that, my lord,
when the common hall was assembled tor- the
porpose of electing sherii&, that he did ad-
lonm the common liall ; and that contrary to
MS ailioiimnient the sherifls continued it, de-
ekrinc' my lord mayor had no right so to do ;
and mat afterwards my lord mayor com-
naoded them to depart, and they continued
their assembly there m a very riotous manner ;
aid as my lord mayor came down, they offered
iBsoIeDcies to his person, and they continued
the assembly there in a riotous manner, and
conamendeJ the sheriffs that did assert their
right, following them in a riotous manner into
Caeapside, crying out in a fiictious manner,
* God bless the Protestant sherifls.'
Seg. Jefferies, My lord, we would begin
WI& our witnesses ; but for the gentlemen of the
jnry, which I think are men that belong to the
dty, and that the thing may be very intelli^-
Ue, I beg" leave to acquaint your lordship with
the methods that have always been proceeded
in, in choices of this nature. My lord) we will
make it appear, and I think it will not be
^snined by any ikian that knows the city of
lUmdon, tbat eomaion haH(| are always sum-
moned to appear by the intimaiioii of tho
mayor, of tne mayor himself, at any time
when he finds an occasion, either for the as-
sembling of a common council, or the assem«
blin^ ofa common hall, &c. pracepts are fe-
sued ; they are words that yon, gentlemen, do
understand very well, to summon a common
haH from time to time. It is very true, thoivh
they do usnally make summons for Mid*
summer-day, yet Midsummer- day being a
public and notorious day for the choice of
some particular persons, they are not so con-
tinually exact in summons ; for thcry do pre*^
sume, that every body takes notice of the day.'
But I am to ffive your lordship an account :
whereas in me record there is only notice
taken concerning the sheriffs on Midsummer-
day, it is notoriously known to all gentlemeii
that are inhabitants in London, there is a
choice of chamberlain, and auditors of tfaa
bridge-house and chamber-accounts, down to
ale-conners ; and that the sheriffii of London,
gva Shcrifi of London, are no more in tho
case than any private man is. I do take notice
of this, to give you an account, that as soon
as these officers are dispatched, I myself had
the honour to serve the city some time, and
know it very well ; therefore I take the liberty
to explain it to some of these gentlemen that
are foreigners. My lord, as soon as ever this
is done, (as it was frequent before people were
so ambitious to come into the office of sheriflb,
as they have been within two or three years ;
for it was not known till of late, that the peo-
ple were fond of the office ; there is a terra
they uRo, * To go a Birding,' as they call it,
they did not se^ for the office, as they have
done of kte) when there was any person came
off from serving, that is, paid a fine of 400/. for
coming off; then the usual meUiod was to obU
another common h{ll> for they never made
application to Mr. Sheriff, * Good Mr. Sheriff,
let us have a common hall :' But the common
way. Was ^i time of vacation, (for in August,
there are no such things as courts of aldermen
held ; courts are not then held, exo^ the
sheriffs court) then to go to my lord mayor's
house, and be appoints them to come to a
common hall, a meeting for to ehuse such and
such : He orders the sword-bearer, or other
officer that is attendant upon his person in his
house, to send forth summons, in order to such,
a thing as the assembling^ a common hall, and
there may be sometimes out one sheriff there ;
nay, I have known it sometimes when tb^«
hath been never a sheriff, and yet they have
not thought they have wanted a judge of tliat
assembly : But, my lord, when all the matter
is over, and p^ons are declared to be chosen
into Ms or that, or tlie other office in the
common hall, then an officer in the city, not
an o^er of the sheriffs, but an officer wmch ii
caUed by tbe name of the Common Gryer, he
makes proelaiDation upon the hustings, where
my lora-mayor is judge, for all gentlemen to
depart for toat time, and to give their attend-»
ance there to another summons^ And now.
«2d9 ] STAT£ TRIALS, 35 CuARLBfl IV l6S3.-«2Ha{ oj Tk^mM
my lord, to make tb« thing^a little rooi^e Intel-
ItfiUe, there is a differeacebetween the cboice
of the county officers and the corporation offi-
for at the election of city officers, tlie
4m |jd40
cers
Common Serjeant, the Common Cryer,' and
Town Clerk, and the officers that attend and
manage the common hall, where my lord-
mayor is looked upon to be the 8u);ierintendant ;
but at the election of parliament men, the writ
i$ directed to the sheriffs, and tliey interpose in
all the management ; and then the Common
Serjeant and Common Cryer have nothins to
.do; but at such times, the Secondaries ofthe
Compter, which are deputies to the sheriffs,
they come and manage tne whole affair. This
I tell you, because 1 hare been pretty well
acquainted with the methods ofthe city. I do
Tery well remember I had the honour to serve
the city of London, at that time sir Robert
Clayton was lord- may or; and there was a
great occasion to try a person about the assas-
sination of Mr. Arnold ; and the question was.
Whether they should proceed \o a poll or not ?
because they were to go tp the Sessions-House
in the Old-Uajley^ in order to the trying of that
person. That worthy gentleman bein^ then in
the chair, I had the honour to sit by him ; or-
Oei'ed .the court to be adjourned for a da^ or
two, because they were to go to the Sessions.
Tliere was no asking tlic sheriffs opinion when
sir Robert Clayton was lord-mayor, nor there
was no such thing then ; but now the case was
idtered, for sir John 3Ioorc was lord-mayor.
Now, my lord, sir John Moore, like a good
magistrate, endeavouring to preserve the pri-
vileges of the chair, there happened a contro-
versy amongst the members of the common
hall, whereby the public peace ofthe kingdom
might have been much injured, as well as
the peace of the cit^ very much disturbed.
To prevent which, sir John Moore, in'th the
advice of his worthy brethren the aldermen,
came upon the hustings, and found they Were
all in an uproar, and not cool enough for any
debate ; for they were wound up to that height
of iiury or madness, that they had not a good
word to bestow' upon their magistrates, nor
upon him whom their chief magistrate did re-
present. For we must tell you, when they
cried. Pray God bless the King, as is usual for
the officer upon such occasions ; many cried,
No, God bless the Sheriffs, the Protestant
iSrtieriffs. ^V hereupon my lord -mayor, for
preservation of the peace, adjourned tlie com-
mon hall, and required the members to depart
and come down off tlie hustings : The rabble,
^for by the way, a great many of these persons
in this Information, as Mr. Goodenough, and
the rest of them, were not liverymen, nor con-
cerned in the election one way or other ; but
came there on purpose to foment and to raise
up the spirits and malignant dispositions of a
sort of people tliat are enemies to the govern-
ment ; they came to foment quarrels, and not
maintain peace] my lord, when my lord-mayor
came off. the iivsting^, they came upon him,
had hiiik down upon his knees, and his bat off;
and if some gentlemen had not come in, thejr
had frod him under feet; such an indignity
was then done to the lord-mayor of London,
who, I think I may say, deserved as well from
the government of this city, as^ny gentleman
that ever presided in that office, that before hatl
not been heard. My lord, Ave \yill call pur
witnesses, to prove the manner ofthe elections
to be as I have opened it, and to prove the
matter in the Information.— Call the Common
Serieant and Mr. LightfOot, the Common Cryer»
and the Sword -bearer.
Att, Gen. Mr. Lis^tfoot, pray give an ac-
count to the jury and the couit, of Sie manner
of election, and chusing a common haU, ' and
the manner of it.
Lightfoot, My lord, I have^ been almost 25
years an attorney ; I always took it, that the
Serjeant of the chamber had order to go down
to the clerks or beadles of the companies, to
summon a common hall by such a day.
Att, Gen, By whose command P
Lightfoot. By my lolrd -mayor's.
Alt, Gen. In all your time, did the sheriffs
ever summons any?
Lightfoot, O, no.
Serj. Jefferies, Pray Mr. Lightfoot, thus :
When they were met, what was the , usual
method ?
Lightfoot. Before the lord-mayor and al-
dermen were set, the, people walked up and
down the hall till the lord- mayor did come ;
but as soon as my lord mayor came, the
Common Cryer made procLunation, < O yes,
you good men of the h very, stmsmoned such at
day tor election, and so draw near, and give
your attendance.'
Alt. Gen. Whose officer was the Common
Cryer?
lightfoot. My lord-mayor's officer.
Serj. Jefferies. A corpcHation officer.
Att. Gen> Now forthe dissolving them.
Lightfoot, When they have done the busi-
ness, Mr. Town Clerk, as I take it, takes his
direction from the lord mayor, and he lads the
officer make proclamation ; < You good men of
the livery, depart hence for this time, and
appear at a new summons.'
Att. Gen, Did the sheriffs ever dissolve them f
Lightfoot. Never.
Att. Gen. Did the common hall do it ?
Lightfoot. No, there was no such thing.
Mr. Jones. Mr. Lightfoot, aAer my lord majror
had dismissed the hall, did you ever hear the
sheriffs keep them together P
Lightfoot. All the people went away till
within tliis three or four years.
Mr. Jones. Since when f
Lightfoot. Since Mr. Bethel, about that
time.
Serj. Jefferies. Ay, in Bethel and Cornish's
time, then i)cgan the bustle.
Mr. Williams. You sav you have been an at-
torney 25 years ; I would ask you, in all tliat
time, Mr. Lightloot, in all that time, did yoa
ever know the lord mayor aij^u.n the common
hall to a certain day f
ZkX) STATE TRIALS, ^5 Cii ablks II.* iGSS.-^ffttiT cth^hjar a md. [24t
U^itfoot. There ^r«s De?eraiijoeeatioo.
Wx. Thcmpson. Answer my question.
U^iMM. Inererdid.
^ Sir tr. Winn, 1 would «sfc jon another qn<
tiiB, Bfr. lightfoot : did joa erer know, before
die ejection was over, when the electors were
th mw i g ' sherifls, or pollmr, or debating it, did
yoQ erer know in the middle or it, the mayor,
agaifttt the wiR of the aheriflb, adjoom it?
Lightfoo^. No, no.
SoLGen. Didererthe sheriffiinndertake to
he» ihem lomher befwe theae late times ?
Ligkt/boi.IiOj never.
Mr. Thm^ton. Pray, Sir, this : Though it is
wosl, after the sherim have taken the pott, to
ae^fMont my lord mayor, did yon ever know,
Aat tile sherifis have ad)omiied the common
hall Without acquainting my lord mayor ?
lAghtfoot: No.
Mr. Tkompton, I ask you one question more :
do Twn remember when there was a poll betwen
m Thomas Stomp and another P
Ughtfoot. No, I do net charge my memory
with -it.
Mr. T^ompami, Do you remembier when
there was a poQ between sir Robert Cbyton and
Mr* Kyffien f
Ligitfbttt. I was about the hall.
9^.Jefferk», Do ^^on remember when there
was a pou between sir Simon Lewis and Mr.
Jenki.^ Who did manage that pdi? \
Cmn, Sen. I did.
Mr. WUtiams. Are yon upon your. oath ?
Cam, Serf. Yes, I am.
Light foot. When they were gone to the poll,
I west out of the hall.
Ait, Gen. Did you ever look upon it, that
dte sherift had any thing more to do than
others? — Lightfoot. No.
Att, Gen. Who were indueed to take the
piDr ffas it by the sberiifs or the k>rd
tnayor?
Ijghtfoot. I have been appointed bj my
lard mayor. I do know, that the sheriflfshave
tdoen upon ihem to appoint a noil, and ^hen
aiy loni appointed his clerks in tne house to be
antant to the common serjeant, and the town
deik : I nerver was but ia two polls, one for
Mr. Box, and another for my lordmavor. One
Went on with the poQ in one place, ana the other
B soother.
Att. Gen. But before that time. Sir ?
Lkgkifoot, I know nothing of that, Sir, I was
never concerned before.
Mr. Holt. Pnij, Sir, who used to manage'the
pofl before ttiis time f
Sir Fr, Winn. Mr. Lightfoot, I would ask
you a question : who managed the poll before ?
UgMfoot. I have been m a common hall
when th«y have been chasing sheriffii, when
tereral have fined. And it bath been upon the
oaestionY when the hall hath divided, and they
ure polled in the hall.
Sir Fr. Winn. Who polled then ?
Lightfoot, The snerifTsand the officers stood
tfidsaw them go oiu, and this is within these
Kiv years.
VOL. IX
Sir JFV. ITifin. Mr.Li^tfoot,Iadcyouthus(.
now in all your observations, when there wai
any contest, who was shi^riff upon the election,
and the divisions during the thne of election,
and before it, were at an end, who did manage
it, the sherifb, or the lord mayor ?
Lightfoot. When the court had been pro-
claimed, and the recorder had spoken to them,
my lord may^or and the aldermen withdreiir
from the hustings, and the sherifib and otiier
officers stood there with them ; then the com-
mons proposed who they would have pot in no;*
mination, and they were put up ; then the
sherifib have turned back to the fentiemefi
upon the hustings to ask their opimons, how
are your opinions concerning the hands P W«
do lliink it goes so ; then it halh been de-
clared.
Sir Fr. Winn. By whom P
Lightfoot. The common crycr, or the com-
mon Serjeant.
Sir JFV. Winn* Yon say, as soon as my lord
mayor withdrew, during the time of electlODi tie
two sherifis managed the halL »
L^Mbot. Intnat manner with others.
Sir Fr. Winn. Mr. Lightfoot, do you nm eitt-
her who adjourned the hall, wben Mr. Beithel
and Mr. Cornish were chosen ?
lightfoot, I cannot tell.
Serj. J^eriei. Mr. Common Serjeant, are
you swchu P— Com. Stfiy. Yes.
Ser). Jejftrie$. ¥nj wiU you tdl Mf lopnd
andthejury what you have observed in partH^
cular, because I mentioned it, in the time of sir
Robert Clayton ? Mention how that was.
Com. Sery, My lord, when the common
crier hath made proclamation, the lord mayor
and court of aldermen being set upon the hnsi*
ings, Mr. Recorder makes a speech ; as soon
as that is done, my lord raftyor aud the aMermeU
retire into this court, leaving the sherifls and
me, and thereat of the officers, upon the hust-
ings, and I there manage the eleetiou ; and
when the election is made I go up to the court
of aldermen, and make report of what hath been
done in the hall. I declare the election, and
I manage the election, and do it as the duty of
my olace. '
Mr. WiUiamt. Who manages the election P
Com. Serf, I manage the election ; I d^lare
what is my opinion of the election in the hall ;
and I come and make report to my lord' may^
in this course ; then my lord mayor, and tile
aldermen, and the recorder, come down again.
I remember particularly when sir Robert Clay-
ton was lord mayor, it was about the choice of
Mr. Bethd and Alderman Cornish, and there
was a great disturbance in the ball ; then I
came into the court, and ailer I had made iny
report, I offered to give the paper to the re-
corder tb at then was, sir George J eifcries. He
told me, that the people would not hear him,
and therefore he would not take the papcK*.
Upon that sir Robert Clayton said to roe, pri-
thee, do thou speak to tnem ; they wHI hear
thee, if they ivill hear any body ; tor the hall
was in a great uproar, and they catted to threur
i R
tt43] STAT1B-TaiAI£/35CHARLTOn. l«S3.--7Halii/77bM»PlftMi^<m 1244
me off the hiutiiigB, and then I made an answer
to Sir Robert CJay ton ; Sir, it is ^not the duty
of my office, and when I do an^ tbiugr tl^t
is not my office,! shall expect particular direc-
tions. Then, saith be, you must tell them, I
must adjourn them till Monday, because I go to
the Old-Bailey to try the assassinates of Arnold.
Thereupon the hail was adjourned, and procla-
mation made to depart ; and my lord mayor
-Attempting to go, was beat back twice or thnce,
imt at last they let him and the aldermen go,
And kept the sheriffs and me till evening. At
Jast Mr. Papillon came up to me ; Mr. P^*
Jillon, says I, I am glad to see you, you will
ear reason. Says he, why do not you
go on with the poll? I told him, my lord
mayor had adjourned the hall. Says he, I did
not hear it before ; but now you tell me so,
I will go out of the hall. Says I, Sir, you will
do very well to tell the hall so ; which he did,
and some went away ; and further adjourn-
ments were made by the direction of my lord
.mayor.
Ait. Gen. I .wonld aak you a, question or
^o :. Who do you look upon to be the chief
jnmstale of the city ?
> Com, Serf. My lord -mayor. Sir.
Att. Gen. Pray, in all your time till this,
was .there no uproar ? Did ever any sheriff
• undertake to oontroul the mayor in the busi*,
ness of putting questions, or taking votes ?
Com* Sety, Sir, there was never any dispute
till Mr. Sheriff Bethel was upon the hustings,
ftod then there was.
Att. Gen. As whose officer did you do it ?
Com. Serf. My lord-mayor's, and die city of
London's ; I have nothing to do with the she-
rifis ; for when there is a writ comes for the
choice of pariiament-men, directed to the
sheriffs, I never do it, but Mr. Seoondaiy.
Att. Gen. I speak of latter disturbances.
Com. Serf. The first dispute about sherifis,
since I was common seijeant, was about Mr.
Jenks, and that poU was taken by the diiection
of the lord-mayor, by the town clerk, and my-
self ; and our books say. If there be a dispute
in the common hall, it must be decided as in
the common council. It is in Liber attu$.
Ait. Gen. U^niger.
S&j.Jeff'. "No, lAber allnu.
Att. Gen. JUher albu$ f It ii Liber niger^
tiiey turn the white book into a black book
now.
Sir Fr. Winn. At that time. Sir, when my
lord-mayor was willing to go to the Old
Bailey, IhA the sherifls do any thinff farther P
C<m.Serf, ThesheriffifdidnotBaeddleinthe
matter.
Serj. Jeff. Mr. King, pray give my lord and
the jury an account of what you know of this
matter.
Mr. Peier King. I have been at a court of
common hall 28 years, my lord, and hfive been
concerned ; I never looked upon the sheriffii
to have any concern there. And I do very
wett remember sir Geoige Jefferies; I do re-
vatuhtr and know, they did always in Imcient
times take advice of the officers by* and ihej
never did esteem themselves in those dMrs, t»
be any more concerned than as the best officers
to be preferred before the rest : When my lord
says. Come up, they come in or«ter, the mas*
ters and wardens of the companies.
Att. Gen. Who did do the business upon
the hustings ?
Mr. King. All of them, Sir, all together.
Ait. Gen. Was there never any differeaco
about the votes P
Mr. King.. Sometimes they have stood upon
it. '
Att. Gen. When there was a ouestioa made
to know who had the most, who decided it ?
Mr. King. They generally asked one ano-
ther. What do you uiink, and what do yoa
think P I speak for SO years together since the
king came in.
Att. Gen. I hope in God there bath been a
king in England for 30 years, though perfcafto
some of the sherifls that were then in debale,
would have had none.
Mr. Thompson. Mr. KiOff, I only detrire to
know this of you, because I know you knovr
questions ; I desire, my lord, to know whetber
he speaks it to be a matter orrigbt, or his opir
nion ; for wc know Mr. King^s opinion will go
a great way in tliis matter. Do you speak it
as a thing of rip^ht, or as your conceptions?
Mr. King. Sir, it would be a thine very coa«
fident in me to determine qi the right, but only
as I always esteemed it.
Serj. Jeff. Mr. King, 1 would ask you this
imestion ; Pray do you tell your belief upon
the observation that you have made from tone
to time of the practice there ?
Mr. King. An hundred and a huudred com-
mon halls I believe I liave been at.
Mr. Utompton. Tliat's good store.
Seij. Jeff. That may be when there are
many fines; when I was common setjeant,
there were 5,000/. fines one year.
Sir Fr. Winn. I desire you to me your opi-
nion ; you say they are all equal that are tbereu
flr.King. Every officer in his d^ee: for if
SO men go together, he that is best speaks finC
Att. Gen. Were the sheriffii Allowed to be
there, or no?
Mr. King. The sheri£& are always bound to
attend my lord-mayor by their oaths, unleae
they have lawful esrcuse.
Mr. Jones. . Mr. King, did the sheriffs ever
continue the assembly after it was dissolved P
Mr. King, No, Sir.
Mr. Jones. Or could they do it?
Mr. JCiR^. I can't say tnat
Mr. Thon^fson. Did you ever know my Istd-
mayor adjourn the court till the hall had done ?
Mr. Xing. I can't tell.
Mr. ThiWipson. I tell yoU| Sir, sir Samuel
Starling did.
Seg. Jeff. But the sheriflb could not do it.
Mr. Tlumunon. Nor he neither ; for he paid
for it.
Mr. Holt. Mr. King, I ask this qpiestion;
Who declares the poll in the ballf
i
i
I
I
Mr. Kimg, They always aeree, onlesa it be
voy dear ; I bare knowa the common ser-
jenit do it ae^eral timea without disputiiig^.
Can. JSen* When perBoos are put in nomina-
tm, and the haiMM are held up ; I generally
adc the people aboiit me, who ha?e most, and
particulany the sheriffs, and so make declara-
M5] STAll TRIALS, 35 CAarUs IL t6HS.^fmdaihen,fifr m K^. ["i^S
■ Mk*. King, Tlie co m moQ aegeant ' | Serj. Jeff, Mr. Common Cryer, I would
Mr. HolL Who directs him usually ? fain know this ; when my lord ma^'or is gooe^
lir. Kmg, Has office directs itself. and the aldermen, during the election, do you
Mr. Hoit, • I ask, if the &henfia don't agree, eter disouss the court before my lord comes
who ia elected before the common Serjeant make down again; and do not you take the very
words of dissolution from the town*clerk ?
Com. Cmer, 1 do so.
Serj. Jeff And what is usnal in yoqr tim*
when sheriffi have fined off; who gave di«
rections for a common- hall ?
Com. Cryer, My lord mayor, Sir.
Att. Gen, Who is it puts the question, th«
common Serjeant or the cryer ? .
Com, Cryer. The common seijeaot dictates
tlie words to me, and I never take them from
any other ; I have taken the paper into my
own hands, but never but one yearneither.
JL C J. The oflicers ask one another, who
ttey think has most? That doth not give
the inrisdiction, that they choose officers I
the krd-mayor or sneriffs: But, for when they were in a confusion ; the time
aa^t that I see, these officers have had more
•a do about the choice than the sherifiis have.
These officers consult one with another com-
aofthr, and conclude which side have most ;
and tiien rq^rt it to my k>rd-mayor.
803. «K^ First of all, when they put anv
a M any officer in the common hall,
a1 way of putting the question is, < As
ly of yon as would have such a man to
* besiich an officer, hold up your hands : ' And
if the election be dear, proclamation is made
praacntly : If not, the common serjeant asks,
* Who they think hath the majority ?' Which
bang deduned) they acquiesce. But since Mr.
Ilethel came in, tblere have been very hot dis-
I in the world ; but before bis time there
attempts made to keep sheriffs off, but
' before to get sheriffs on. And after the eleo
tioD is declared bek>w, immediately they go to
vy lord-mayor, and report it to him : And then
comes down the mayor and aldermen to the
bostngs, and the Recorder says, * We are in-
* fbimed, that such and sucn persons have
*becn pnt in nominatioo, and the election
* passed upon such and such.' And then the
wfd-aiayor commands the assembly to be dis-
solved.
Mr. WeiU. When a common hall is first met
together, are not the lord-mayor and aldermen
{vnorally present?
Com. Cryer. At the first meeting.
Serf* Jeff When they are set, give an ac-
count what proclamation is there mode.
Att. Gen. How lonc^ have you known it?
Com. Cryer. I have been in this place almost
17 years ; I always come willi my lord
mayor ; I do make proclamation by order of
my lord mavor, dictated by the town-clerk ;
sad 1 take the words from the town-clerk ;
Hid his words I say ; ' You good men of the
*■ livery, summoned to appear here this day, for
' the oonfirmatioii of such a one chosen by my
* lord mayer, and another fit and able person,
*to be neriffs of the city of London, and
* eoonty of 31iddlesex for the year ensuing,
*4rwr near, and give your attendance.' I
Btrer aiyooroed tw court in my life, but by
9rkr from my lord mayor ; nor never dissolved
^ court, but bj order from my lord mayor.
when Mr.. Bethd was chosen there was somtf
difference, I did read the names that time, and
never but that one time, t always take the
words from the common serjeant; I never
put any vote, but what I have from the com^
mon seijeaot.
Att. Gen. Do the sheriffs put any rote P
Co9n, Cryer. Never, Sir.
X. C. /. I do not understand him ; I thinli
he ^d mean, when Bethel was chosen, he put
the question by somebody else.
Serj. Jeff, No, no, he took the paper in his
hand. Before he used to take dictates froni
the common sericant ; but there was a confu-
sion when Bethel was chosen, ai.d then he ttRik
the paper from the common segeant and
read it.
Com, Cryer. He gave the paper into mj
hand.
Com. Serf. My lord, they made such anoisq,
that he could not hear me.
Mr. Williams. Mr. Wells, how long have-
you been common cryer ?
Com. Cryer. About seventeen years.
Mr. Williams. In all that time did you ever
hear the lord mayor adjourn the court to a cer-
tain day ?—Com. Cryer. Yes.
Mr. Williams. To a certain day ?
Com. Cryer. My lord mayor adjo'umed this]
common hall to a certain day.
Mr. Willianis. ' I ask you upon your oath-
again, Did you ever know the lord mayor ad-
journ a common hall to a day certain ?
Serj. Jeffl Do you remember that of sir
Robert Clayton's ?
L. C. J. If so be they be adjourned, to meet
upon a new summons, if there be occasion, na
question but he may to a certain day.
Mr. Williams. Now we are upon matter o£
fact.
Sir JFV. Winn. Did you ever knotv my
lord mayor adjourn tliem before the election
of sherifis was over ? Here is my question, ob-
serve it. When after once my lord mayor ig
gone out of the hall, when tlie election b^ns,
did you ever know my lord come and disturb
the election, or adjourn, it before it was done ?
Com. Cryer. I never knew any thing of ft
before now.
^47] STATRl!taAlJi,$SiinAUi.uBlLl6^$^fiMofT ^um
Ah. Gen, Mr. Welks do you vemeiDber
4hat instance in sir Robert Cbyton's time ?
Com. Cryer. No, Sir.
Att, Geiu Have not yon known my lord
mayor dissolve the court before the business
luitn been done ; take up his sword and be
gone?
' Com, Ctyer, When be hath a niind to ad-
£arn the court, and declare it^ I adjourn it by
s order.
Att, Gen, Bat hare you not known him
takeifp hi& sword, and be gone before the
electiop is oyer ?
Com, Cryer. ^^ Robert Clayton did do that
before the business was done,
Mr. Thompson, Mr. Wells, do not yon remem-
her, m sir Samuel Starling's case, that he did ad-
journ tlie hall P
Com. Cryer, He dissolved the hall.
Mr. Thompson, Very well.
Serj. Jeff, He did dissolve the hall, and so
hath eiery lord mayor since. My lord, if
your lordship please, I perceive this gentleman
makes a question. Whether ever there was an
ac)joumment of a common hall before such a
time as the election of sheriffs was over.^ I
will give you an answer to that question,
and a very iair one, and a plain one ; I say,
till the time of Bethel, in sir Robert Clayton's
inavoralty, there was never such a thing as a
poll for sherifis.
£. C. J. Silence, that we may hear.
Mr. Williams. My lord, we only ask a ques-
tion, we ask a question and take our answer.
Serj. Jeff. Will you give us leave to go on,
Sir?
Att, Gen, Sir William Hooker^ Pray how
k>ng is it since you were sheriff of London ?
w W, Hooker. About 16 or 17 jrears ago.
Att, Gen. ' You have been sheriff ana lord
mayor of London: I would only know,
Whether you looked upon it as your right when
you were sheriff ?
Sir W, Hooker, No, nor ever durst presume to
think it: In those days it was not thought
upon.
Att. Gen. When vou were lord mavor, did
you order summons mr common -halls r
Sir W. Hooker, Always.
Ait, Gen. Did you ever use to consult with
your sheriffs when to call a common haU ?
Sir IK Hooker. Never; and I think no
«uch thing was ever, heard of under the sun,
till of late.
Mr. Thompson. Sir W. Hooker, did "you ever
^journ the court before the business was done t
Stir W. Hooker. I never saw any such oc-
C^on ; rebellion w^s not ripe tlien.
Att. Gen. Sir William, pray thus; Have
you ever in a common council, or common
pall, known my lord mayor rise before the bu-
siness was done, and take his sword.
Sir W. H. I confess I mjust own it, that
when things grew to a great height, I was
forced once in this place to cause the sword to
he taken up and go out, and the court was dis-
•olved^ and durst not go on afierl was gone.
Serj. Jts^^rttt. Now^my lord, if year loid-
ship please, I desire to call theswora-beaMr*
Mr. WiUiam. Sir W. Hooker, jf I may,
without offence, ask you, how old are yoaF
Sir W. H. Seventy years of age. Sir.
Mr. Williams, You say yoa never knew r^
bellioi^ ripe ?
Sir W, H, Good sir, I peioeiveyoa are very
apt to mistake ; I lived ia 1041 and 1643.
Att, Gen. Sir William, caa yoa
the meeting in 1648 ?
Sir W. H. Ay, very welL
Att, Gen, Then tliey asurped the vary tn
power, and an act of parliament to oonnrm ia.
Seij. J^eriss, My laid, I derira Mr. Sirard-
bearer may be sworn.
Sir Fr. Winn, Pray, Sir, ia all the time that
you have been acquainted with tiw^ coafeoma of
London, did Tou ever know when there was
an election for sherifis, that the knd mayar
did interpose or meiMte till the dectiaift waa
over?
Sir W, H, Sir,, of late years I have not a»«
peered, because of an innrmity, I canaat be
long in London : but in all that ^me 1 used to
appear, I never did observe any sach thiar*
Sir Fr, Winn, That the mayor ever meddled ?
Sir W. H Nay, Sir, that the sheriflb ever
meddled. When 1 was sheriff of LondoD, I
durst not presumeto meddle, but left the wM^
to my lord mayor.
Sir Fr. Winn. Did you ever know, wl
the election of sheriffs was ia a oommon I
that the lord mayor offered to diatorb them.
the election was over ?
Sir W. H. Truly 1 do not remember ai^
such thioff . Sir Fr.. Wianington, 1 would sive
you a full answer; I do tdl yon, as it haHa
been declared, ray lord mayor and aM crm s o
come into the cotvt, and a report is made ;
when this is done, they leave the managameot
of the affatrto others ; we come and sit dowu
tiH it is done.
Sir Fr, Winn, To whom do yoa leave the
concernment ?
SvcW.H. to the offioers that it bdaaga to.
Sir Fr, Winn, Who are those oflkers f
Sir W, H. I naver heard it disputed till joit
now.
Mr. Jones, Sir W. Hooker, you have been
an ancient citizen: Do you remember, thaa
ever the sheriflii presumed to hold this court ?
Sir W. H, No, never in my life.— »You may
confound any man at this rate.
Mr. WUliamt, Pray, Sir, in yoar tiflM was
there a poll for sherin inXondon ?
Sir W. H, Truly not as I remember.
Mr. Williams, Do yoa remember any poB
in your time? If you don't "remember a pofl,
you can't remember who took it.
Sol. Gen, Pray, sir W. Hooker, do yoaa^ar
retnember the sherifis appointed the comaMm.
sk;jeant to take the poll ?
- Sir IF. H. Never m my Ufe.
Serj. Jeff cries. Mr. Sword-bearer, I won't aak
you how old you are : I deshre to know how
Jong you have been an officer in this city.
1491 SfFATE 1WALS» $i Ch AftUS n. l668«<Hiiiil #f Wt , /<»r a Jtlol. ' [t 50
Anxn^fteorcr. llirM umAiweat? yean.
So}. Je^ I deginto kuovr in aU yoar time
ip)m» ordoed common halls? Who gare di«
netai fiir the nunmoaioff oommon hatla? -
Swar^bemrer, My loramayor always.
Serj. J^. Did my lord mayor use to tend
be tfave slMri^ to Imow of them when they
woaM be pleased to hare a eommon-haU ?
Smord'b^g^tr. I never knew that the sheriffs
fidiaterpQae in eallin|f a common hall in my
Serjw Jeffi Hb. 8word-be«cr, at sneh time
aathe bosmesB was done, when the common
$tyer had daneelasva for dissolTing the common
haUy pray wlio used to ghre these directions all
Sword^btorer. It was done by the town cleric,
~ Bsy lord mayor's officers.
. HkeQ^J^, Did ever the sherifib continue
the biui after my lord mayor had adjonmed it ?
Smard'bearer. Truly I know no snch tiiino^.
Hir. Tkompson* Mr. Sword*bearer, I would
adEymoBeqaestion : If in case the common
seneant, or the common ovyer, or any other
twipgns do pot a question tliat the commims
waold not have put, who orders tiiem to pat
tlM lig^ question T
StMrd-Mortr, I oan't say any thing to that
Ati. Oen. After the common Serjeant comes
■paod reports idiat is done, then what dodi
my hnd majfor do ?
Smord-beirer. My lord mayor and the al^-
dorraeD go down to tiie hustings, and it is de-
ebred by the recorder, or the common sar-
jeaat, by the order of my lord mayor. — I think
my Isnl mayor went once down to give them
some aatiafectioli upon a dispute^
SarFnu Wtmu- Mr. Man, during the elec-
lisB did yoa ever hear them adjourned before it
vaaorer?
Smord'bearer. No, Sir; nor never heard any
•eeaaion lor it
Mr. Willwmi. The oommon Serjeant affirms
himself to beasenrantto the .commons, and
■ot to the lord mayor and aldennen ; have you
kunm « common sojeant say, he was a ser-
vant to the commons, and not to the lord
iHEvor and aldermen ?
Sword-bearer, I never was in a common
hdl upon any such dispute, I am with my lord
mayor.
Seij. Jf^. Ihave known a recorder repre-
hadediiy avery learned lawyer, for saying,
' My masters the aldermen.'
im Fra. Wirm, I ask you who hath the ma-
nagement of the common haU in the absence
ofthemayor«
Swerd-learer, I am always there waiting
upon my lord mayor.
Sen. Jeff. My lord, if your lordship please
«€ win rest here as to. point of ri^ht. Now,
my lord, in the next place we will come to
that fdiich is a more immediate question before
.yso,andwe will prove the manner of it, and
tbepevBona thai are guilty ; tor that is the next
stn wears to go» — Mr. Bancroi^.
Hr. WiUi€m9. My lord, tbey hare said ia
tibe information, *That the sheriffs are duly
dected, for oneyear next following, from the
eve of St Micluid ; now prove your electaoa
to be for that yearyou have laid in your infor-
mation.
Mr. Thompson, My lonl^ they have cer-
tainly in fact mistaken, their infomiation. My
lord, they do declare that the oommon hall was
held, according to custom, far the election of
sheriflb, to hold that office from the eve of St.
Michael, for the year next ensuing ; Now, my
lord, that is not so in fact, nor never was, ibr
the election is for a year to commence on
Michaelmas day. They take on the eve the
office upon them, bat they do absolutely exer-
cisethe offioefor a year from that time troa
the eve. Now my lord, we say, that day is ex-
cluded, we are sure it is a common case^ it ia
known very well ; as in a lease, the Habendum
from any date^ the day of the date is no part
of that lease, it is exclusive and no part of tha
term, and therefore, my lord, if they do not
Erove it as they have laid it, we hope they will
a nonsuited.
Sol, Oen. That is another piece of lasr.
Mr. Hoii. The eve of Michaehnas day,
we make this objection, and put you to prove it.
Seij. Jeff. Give us leave to so on'; Gentle-
men, let us prove what we think fit ; and if w»
have not made it out, then make your excep*
tions.
Mr. 6olt, Mr. Seijeant, I think it is propor
to put it now, ftr if there be no such electiga,
there can be no snch riot ; for they have mad»
it a riotin a special manner.
Serj. Jef, Mr. Holt, under your fimmr, it
is not a time now.
Att. Gen. This is the oddest way ; thes#
gentlemen take upon them so: I will not
prove it ; and pray be quiet till I come to ipy
time.
Sir F^a, Winn, Pray, Mr. Attorney, if wa
have an objection to make, if the court pleases
we may be heard.
Serj. Jeff. Certaiuly it was never known^
that when Mr. Attorney exhibited an is?fbrma-
tion, to tell us how to prove it. Surely, gen-
tlemen, yon will give us leave to go on witlh
our proo^ won't ye ?
Mr. Mollotf, Mr. Bancroft, How long hara
you been a servant of the city f by whoae or*
der was the hall summoned?
Mr. Bancroft. By my lord mayor's.
Mr. . Who hath'dissolved them f
Bancroft. My lord mayor,
Mr. . IJid yon ever know &e sheriA
give any order for the dissolving of it ?
Bancr^. No.
Mr. Thompfon, Did you ever know it dis^
solved before the business was done for whicli.
they v^ere called ? Did my lord mayor in your
time cjther dissolve them, or send them going,
till the election was over.
Bancroft, I can say nothing to that
Att. Gen, Mr. Bancroft, I wouW ask yoa
thtt, Sir; did the sheriffii ever cohtinue iSbm
hall after my lord mayor had dissolved it ?
251] STATE TRIALS^ 35 ChauuIL iGB^^TrMcfVumUuPlllcMgimi [t5f
jBmrro^. No, I herer knew that in my life.
Sir Fra. Winn, Mr. Bancroft, I would ask
you a question ; I don't ask vou who calls
them, or bids them go home ; uuring the time
of the dectioo did my lord mayor evei' meddle ?
Bancroft. My lord mayor withdraws.
Sir Fro, Winn, Who are those among the
commons, that manage the business when my
lord ma3ror withdraws ?
Bancr^. The sheriffs, and the common
Serjeant, and the common cryer.
• Sir Fr<z. Winn, Who manages the election?
who declares the election ? wno declares who
is chosen ?
Bancr^, When the election is made below,
tlien the sheriffs come up, and the common
Serjeant, and the common cryer along with
them, and acquaint my lord mayor, and ne ^ocs
down, and there doth con6rm the election;
and withal, when the work is dpne he dtssolFes
the court.
Mr. Williamt. Did you ever know a poD lor
sherilis P
Mr. ^Dumpson, Do you take the common
Serjeant to to an officer of the commons of
London, or an officer of my lord mayor's ?
Bancrcft, I cannot be certain wliat he is.
Mr. TAontpson. If in caseithe common ser-
geant differ from them in declaring the poll, it
IS not usual for the common haD to order him
to put it up again ?
Seij. Jeff. Who does make a judgment of
the election, the common seijeant, or the she-
riffs ?^Bancraft. The sheriffs.
Serj. Jeff. Does not the common sei^jeant
make observation as well as the sherifls ?
Bancroft. The sheriffs give their opinions
in it.
Seij. Jeff, Now, my lord, if your lordship
please, ff they had done, we would desire to go
on to our fact ; Ibr otherwise, for ought I per-
ceive, we shall be in here till this time to-mor-
row, and they say, we must not adjourn till the
<*ause is over. Mr. Common Cryer ; hark
you, Mr. Common Cryer, were you present at
Midsunggooer day when this business happened?
Give my lord and the jury an account of the
carriage then.
Cam. Cryer. I was there at the beginm'ng of
the (Section \ I did make proclamation, and af-
terwards there was a poll demanded, and the
I)o]l was bq^un, and I went home with my
ord mayor ; afterwards my lord mavor came
back again, and there was a nubbub ; nut about
^^e or' six a dock, my lord qiayor came down
upon the hustings, and I adjourned the court
till another day ; I did adjourn it by his order,
according as I used to do, and then I went
away wSi my lord mayor.
Att. Gen. But what usage had you in
going out?
CSn. Cryer. I went before my lord mayor, I
was not with him.
Mr. WHliatttt. Where was the adjournment ?
Com. Cryer. Upon the busting.
tfr. Williams, Were tlie sheriffs polling the
people then?
Com. Cryer. I don't know that, Sir.
Mr. Williams. Were the shenffi near the
hustings ?
Com. Cryer. I don't know, I saw them not.
Sir Fra. Winn. Upon the election of ^em,
when my lord mayor came to aiQouni the
court, were the sheriffs acquainted with it t
Where were the sheriffs?
Com. Cryer. My lord mayor sent to them.
Serj. Jeff, Mr. Weston, Phty will you tdl
my lord and the jury what directions you had
from my lord mayor, and how he. was used
when he came out of the hall ?
Mr. WcBton. My knrd mayor sent me, my
lord, to the sheriffi under the Lombard-Hona^
twice to come up to the council chamber, and
they told me : One told me he was upon the
king's business, and the other said he conJd no4
come ; and abont half an hour after, my lord,
sheriff Pilkington came up to my lord mayor
into tlie council-chamber, and then imme-
diately came down to the court of hustings,
and Mr. Common Cryer, by my lord mayor'*
order, did adjourn the court from Saturday tiU
Tuesday following ; and as we were comiaflp
out of the hall, when Mr. Common Cryer bad
adjourned the court, and said, God save the
Kuig, a great part of the hall hissed ; and, but
that there were so many honest gentlemeii
about my lord, I was afraid my lord would
have come to some mischief ; but coming to so
into the Porch-yard, I saw his hat off, ana 1
went to catoh iTis hat, and caught one of his
officers by the head, that was knocked down or
fell down, that held up his train. My lord, the
sword was at that distance, farther than it is
between your honour and where I stand, and.
crowded far away; and when my lord came
out into the yard, Gentlemen, says he, I desire
you would go home to your lodgings, and com* •
manded them in the King's name to depart:
And, says he to me. Pray go you back, and let
the sherifis know, and tell them I have ad^
joumed the court till Tuesday. Upon mw
lord's command, I went back to let the sherim
know, that my lord had adjourned the court
till Tuesday.
Serj. Jeff. Both of them, both Shute and
Pilkington?
. Weston* No, Shute ; the other was by.
Serj. Jeff. It was in his hearing, was H not ?
Weston. It was in his hearing.
^et^.Jeff. Did you see my loM mayor down
and his hat off?
Weston, I saw his hat off, sir George, but I
cannot tell how it came off.
Mr. Williams. You say, you saw my lord's
hat off; can you tell whether my lord was
so courteous to take his hat off or no?
Weston. I dare sav, my lord did not.
Mr. Williams. Did he, or no ? I. ask yen
upon your oath ?
Weston. • I can't tell that. Sir.
X. C. J. I can't think that those gendemen
were so extraordinary civil to my lord mayor,
that when the common cryer made prodama*-
tion God save the King, that there alioukl ^
liiBiHg ; tbose thai hiss'd were not extnuirdi-
MTj cbil to my lord mayor, aod 1 believe you
doo't think so neither.
Hr. WUiiams, I ask yon a question. My
kni mayor's hat was off--^
L. C /. Ay, and it most be sappose^ it was
Id co«pliiBent_thQse fine men tnat hissM at
God sare the
Seij. Jef, My lord, if yoar lordship pleases,
I wooM denre to know what acconnt any of
t53] STATE TRIALS, 35 Charlbs 1L 1683 — §nd others, for a Rioi. [254
werQ so fond of this man, as that they Rscued
him from him ; and to Ikx it upon them, we
will prove they were every one of them con-
oemed in the riot. Mr. Graddock, What ac*
comit can you give of this matter ?
Mr. Craddock, I was standing at the place
where they polled, aod my lord-mayor was
coming towanis it to protest againsttheir man-
ner of proceeding ; and sheriff B^el came
to me and said, *• Resist him' (I think) « be
' hath nothing: to do here.'
SeYJ.Jeff. That was Bethel, SHingsby Bethel f
Craddock. It was either oppose, or leai^
him.
1^. Gen. He says he thinks he said, resist
him ; but he is snre it was either oppose, or re-
sist him.
Serj. Jeff, Did you see Mr. Jenks there?
Craddock, I can't say I did : I saw Mr.
Jenks just as my lord-mayor came down, not
after.
Seij. Jeff. Did you see Mr. John Deagle
there ? — Craddock. 1 did not see Mr. Deagle.
Att. Gen, How did they use my lord-mayor P
Craddock. I was not very near my lord ;
my lord, I stood at the pUce where the poll
was taking.
Mr. Tfumqtfon. Mr. Craddock, we desire to
ask you this question, that you speak particu-
larly to Mr. Bahel ; was it before my loid-
mayor had adjourned the poll, or after ?
Craddock. It was just as my lord-mayor
cam^ to protest against the manner <^ polling.
Mr. Thompton. Was the poll adjourned be-
fore or Bfierf'—Craddock. It was after.
Mr. WUliatnt. Mr. Bethel, you say he said,
oppose, or resi^; didhe say it was before the
poU was adioumed ?
Craddock. Yes, Sir, it was before.
Mr. Williams. Can you say what the words
were?
Craddock. It was either oppose or resist, ^
he bath no authority here.
Serj. Jeff. Which is George Reeves? Mr.
Reeves, Pray will you tell us what you did
observe done at this time by Mr. Pilkington^
or Mr. Shute, or any person else ?
Mr. Reeves. I came about 4 or 5 o'clock to
the polling-ptece where the coaches use to
stand, and 1 saw the sword up ; I suppose my
kird-mayor was there, and came to stop their
proceedmgs in polling; wid" there was a great
contest among them; some saying. He had
nothing to do there: He hath no more to do
than 1, says one; another cried. Stop the
sword, stop the sword ; and I jaid hold or him,
and got him a little way, and made account to
have carried him to the sheriffs, and the lord-.
mayor, but somebody got him away.
wetj.Jeff. What did you observe Shute and
Pilkington do ?
Reeves. They encouraged the people to poll.
Mr. Jones. Aftier my lord- mayor was gone ?
Reeves. Yes.
Mr. Jones. Pray you. Sir, did you observe
either MrJ Shute or Mr. Pilkington encourage
t^e people to hollow, or shout, or tiioae things f ^
can giye of die opinion they had ot the
king, to be sure they had a great opinion of his
eseatative: But my lord-mayor, I ind,
ao extraordinary dvd, that to this rabble he
rt not' only pnll off his hat, hut fling his hat
IstfaegTOimd to them.
Hr.Thompson. I ask yoo whether you know
lh«t any of toe defendants in t^is intbrmation
did throw nay lord-mayor's hat off, or no ?
Wegton. ican't say that.
Serj. J^F-}^ is not a farthing matter.
Sir Fr.Winn. Here is a mighty riot upon
diehat.
Weston. Now I desired them to keep back;
my Imnd mayor's friends did press back as
jBttch aa they conld, to preserve my lord-
mayor; they pressed more forward, as the
eter kefH back, and I desired them to forbear,
nay, commanded them in the king's name, and
mposk their peril, and took my cane to strike at
ffliiM* of them.
Mr. WUiiamsi Did you?
Sea^Jeff. He served them well enough.
L. 0. X He did so. • Do you think a roa-
gistrale ia to be crowded and pressed upon ?
WeMiom. I struck at them, and said, gentle-
men, keep back, and intreated them and com-
manded tnero, and all would not do.
Sen. Je^ I would only say this, Mr. Com-
mon Serjeant ; What did you hear when pro-
damatioo was made to depart ?
Com. Serj. My lord, I was not in the hall
when proclamation was made; but I heard
them cry out, * No God bless the king;' and I
hevd them cry out, * Down with the sword ;
^ No lord- mayor, no king.'
Mr. Williams. Can you name any person
dial said this?
Com. Serj. My lord, I laid hold on one man
diat cried, < No ^Giod save the king; No lord-
mayor,' aod the rabble got him mm me, one
tool I beard say so.
Mr. WiUiams, Mr. Conunon Serjeant, you
say you beard this; can yon name any per-
Com. Serj. 1 tell . you 1 caught hold of him,
aod the rabble got him from me.
Mr. Williams, Can you name any one?
Com. Sen. lieUyon I cannot.
8ar|. Jejf. My lord I hope that vrill not much
prevail in this place ; but I hope it doth justify
my lord-mayor for endeavouring to disperse
the rdible that came together to that height
when the king was prayed for, to cry. out, * No
'IsB^, No Iwrd-mayor.' And we don't give
dm m evidence agiunst any one person, for it
Wdoqein « tamultaoai loaimer ; but tb«y
tSS} STATE TRIALS, »5 Chablis IL iSHS.'^THal of Thomui PUkmgtan [25V
Remei, No, Sir.
X. C. J. Hinrk you, friend Keeves, bark
goa, How do you know that PSlkitgton or
bote were poUingf ? Are you sure tbey were
polling alter my lord was gone ?
Keetef. Tbey were at the poUinff-pkoes,
«nd th^ did not go away a great wnile after
tbat.
L» C.J. From the people tbat were about
tbem?— Jte^ff. No.
Sir Fra, Winn. We agree it; in fact it
was 80.
Ait, Oen, Richard Fletcher, pray will ton
giye the court an account of what they dicfp
8erj. Jeff. John HUI, what did you obser?e
there?
Mr. Hill. About five o^clock my lord mayor
came to the hall ; there was withbim then sir
James Edwards, and sir William Pritchard,
now lord mayor, to the best of my memoiT»
and be told them he disliked tneir poU-
ing anymore; and there came a tall black
man i says be, Mr. Sheriff, go on, it is your
business, we will stand by you : about a quarter
cf an hour after my lord came out of the hall
to the great crowd, some of the people hissing,
and some making a noise; and one came to
the sberifls, and, says be, gentlemen, Why du
not yon make proclamation with O yes f And
thMr continued there till towardi eight o'clock.
oeij. Jeff Did you hear no officer adjourn
the JDourt ?
HUI, My lord mayor went home, I saw him
within doors, and I came back again.
Att. Gen. Was tho'c no prodamation made
afterwards?
Hill. By some of the officers, but I did not
take particular notice.
Att Gen. Who did yon see here after you
went home with my lord mayor, and came
back again?
Hill. I saw here Mr. Robert Key for one ;
and 1 saw Mr. Goodenough come m between
eight and nine here in the hall ; and my lord
Grey came in^ and several other gentlemen.
£. C. J. What did tiliey do when they
came ?
Scij. Jegf. Hark you, Hill : was my lord
Grey an^ Mr. Goodenough, and Mr. Key,
were tbey among the peopfe ?
Hill, Afto the sherifls came up, they went
into the Orphan's court ; Mr. Goodenougti came
in and out ; and my lord Grey went in to them.
fki^.Jeff Did tbey appear among Ibe people
tap and down in the hall ?
Hill. They went through the batt to and fro.
Sir Fra. TVinn. What was the Christian
aame of tbat Goodenough ?
Hill. 1 knmv hira ; be tbat was under-
aberiffiast year: I know him well enough,
and he knows me ; yes, that is Mr. Good-
enough P
Lc^ Grey. I desire to ask this witness a
question, my lord.
In C. J. Let your counsel ask, my lord.
Seij. Jeff. I desire to know another ^eatioD,
Did you loa Mr. Coraish ?
Hill. I saw Mr. lilderman Cmfniftb walk in
the hall ; but 1 cant tell whether be went
into the room or no. Ailer my lord was gone,
be did come up into the mayor's eourt, and
t:ame through among the people.
Mr. ThM^eon. Hill, yon speak of my lord
Grey ; upon your oath did you see my lord
Grey walk to and fro in the ball, or only cane
thorough P
Hill. My lord Grey came in at that gate,
and went thorough the hall, and went m to
thesherifis.
Mr. Williams. I would ask you this opon youf
oath. Did you see him do any thin? more ?
Hill. No ; I was there to disoharge my
office.
Lord Grey. My lord, 1 own my bsmg there ;
but only desire to ask a question that will cleaf
this matter.
Mr. Hill. I saw my lord Grey come ap to
those stain, and he went into the Orphan's
court.
Sen. Jeff. How long might that be after
the pbll P
Hill. Afler the sherifls came up, I belieye
it might be half an hour, or a quaitar of all
hour, near an hour.
Mr. Williams. Did you see my lord Grey
do any thing more than walk P
Mr. Hill» I saw him come to the Orpben'l
court, and they would not open the door at
first ; but they said it is my lord Grey, and
then they let him ill.
L. C. J. Your own counsd is asking, my
lord ; I am willing you sbouki adc a questioB
if your own oounael will let you. GentlenMO,
my lord wooM ask a question himself, and yon
won't let him.
Lord Grey. My lord, though I do not know
this gentleman at all, yet I wul yentnre to ask
him a question. Pray, Sir, did you see Bie
speak to any one man P
HilL I bare answered tbat already ; I
say not.
Lord Grey. Were the books brought from
the polling place hj the sherifls before I oamif,
before that I went in there ? My lord, I was
there, and shall give you an account of it.
L. C. J. It had been better, my lord, if yon
had kept away.
Seij. Jefi Kletcber, pray will yon tell my
lord and the jury, what yon obsenred that day
here, after my ford mayor was gone, and had
a^joivned the court ?
Fletcher, On the 84th of June I was here
by order of sheriff Shnte, after my lord mayor
had adjourned the court, and it waii to call alt
men tbat were to poll to come forward, for the
books were to be shut up, and'^ I went away
immediately ; I was yefy hot, and went away
to the Three-Tun tarem.
Serj. Jeff. Did you see Mr. Shnte there P
Fletcher. Mr. PiUdngton was there, Mr.
Shute too.
Serj. Jeff. Can you name any body else P
Fletcher. No ; I can name nobody else.
was almost
tt7] STATE TRIALB, SS Chakubs It. 'l6aa.— W M&s;far a ttM. [1258
..Serj. J^ Whodid you aeetliere P
Major Ae^. Indded, Sir» I wi
down, and did not see tbeir laces*
S^'j- J<# Mr. Trice Haromon, I would only
aak you, who did you ^e, who did you obaene
to be there ?
Mr. Hammon. About nine o'clock at nighti
or something beibre, I stood at the door that
leads to the common pleas*, and there came
in aldennan Cornish and Goodenou^b, and old
Key, an old white-haired man ; and by-and-by
my roaster sheriff Shute came out and told me.
fhtcker. He ordered me 1o makfc i^roda-
nlioii for all nMn, them that had a right to
poll, to come and poll, for the books were to
beshi^iipl ^
Seij. Jef. Captain Claris, pray will you g^ive
aacoovratofwDatyon obsenredf
Cant. Clark, I came down into the hall, and
I dU hear a whispering, whereupon I went to
Mid my lord mayor ; my k)rd mayor came
2»wn upon the hustings, and proclaimatipn was
mde fiwr theadjoomiuentof the court ; where-
upoBi when proclanoation, God save the king,
ms n&aie, an hundred, &c. I believe more,
hist at that; 1 ludhokiof one of them, No
kbg^e-nsD^ no sword's-man, cried th^y.
Sirnh, you are a rascal, and a traitor in your
heart, wd I,vaiid kid 'fast hdd of him ; but
there was a very great crowd ; and says one
or two. For GocFs sake, captain Clark, do you
gaud my lord ; there was Mn. Weston and
raafor Kebe^; my lord, said they, is in
iaaqger ; said I, Gentlemen, keep by him, or
flohe^ore, I will be in- ywtt rear guard. My
Mrd mayor was down upon his laiee, I can^t
Mtboiw liet»ne down ; Press on, press on,
thlB wSB tfae cry, and God save the sheriffs.
%StBt coning' down the steps, [ pressed as near
as I ooold to my lord ma^For, to seep them off ;
Now, said ly mis b the time to keep the rabble
0^ now laee about ; I bad my sword in my
hind, and with the pommel of my sword kept
them off ; Before God, said I, I will keep yon
off; and M I waited on my lord home, and
went and drank a . fflass •ot sack. About an
lioar or two hours afterwards, I came down to
the hall and Ibund the people shouting, God
save the ^eriflh, God save the sheri^ : what
BOtfamg, said I, of my lord nmyor ? But, said
I, this is not a place to quarrel in, let its not
^[Otfrel togetlicr. I saw the sherilfe Pilktng-
toB and Shute were concerned in carrnng on
the pofl, sffid dkis they continued to do for some
time; at last, I ana weaiy of the hail, said I,
I idtt ffo home ; and this ^as between eig^t
md nine o'clock.
8ei3. Je^ Canyta remember any Ibojy else
besidea the aheriifs ?
Ck^ CUrk, No, Sir, I cannot.
8e^. Jejf. Can vou remember sir Thoinas
Ftqra^?— Capt. Clark, No, 1 can't.
Mfj. Jeff. Captain Clark, did yon know
^rer-a-one. of them that cried out so ?
Capt. Clark', Ko^my tord, I was before sir
Robert Clayton.
Seri. Jeff: Bfigor Kebey, Pn^ will you give
mtf lord and the jnry a.n aeo^nnt of what you
saw on Midsummer-Day ?
Mmot Kelaey.^ My lord, when iny lord came
out cvthe court, I went after, and some cried,
Sum him, stop him ; but I got between thein,
aadsbme of my iord^s iriends kej^t them off;
bat when we came just to the gomg out, they
gave a shoot, and 1 saw my lord mayor's hat
upon his bads, and I cannot tell whether he
ftoodied'tfae ground with his hand, but I was
even almost down ; said I, Gentlemen; do you
iBteadtemindarmy tod mayor?
I shall give you all satisfaction by-and by.
God bless you,' Mr. Sheriff, said I; and be
went again, and there I staid till they came
out, and then he went up on the hustings ; and
I went along with him Tihen he came out.
Seij. Jejf. Who went with him out to go to
the hustings ?
Hammon* Bit l^illiam Gdlston, atid several
other men ; there is neter a name in the in*
dictment more.
Seij.JTey^ Noneof them that are in' the in^
dictmfnt ? Name them.
Hamman, I have named them.
Serj. Jeff. Prithee name them.
Hammon, Mr. alderman Cornish, both the
sheriffs, my lord Grey, Mr. Goodenough, and
old Mr. Key.
Mr. Tfumpson. Which Goodepough f
Hammon. That Mr. Goodenough that standb
there.
Seij. Jeff. There is such a noise, that I did
not very well hear that word*
Hammon. Goodenough ; not that Good**
enough that looks upon me* hut he that stands
beliind.
Serj. Jeff. He falhi behind now, but ho ran
c^-and-down 1)ien ; and alderman Cornish
was there loo^
Mr. Jonts, Yon witness, yon have named nil
these men ; what did Shute do, or what did
he say ?
Hammon. When he came upon the hustings,
he made proclamation himself , because one or
two refused it,' he did it himseS'; and after a
while he adjourned the eomt upon the hust*
ings ; this was on Midsummer-day.
Mr. Jmti. What did he say ?
Hammon, As the commpn cryer usually
says at such times.
"Mr. Thompson. You say you saw Mr. Good-
enou^, and you saw my lotd Grey; updn
yoni: oath, can you-say they did anything, or
was any thing<{one in abuse to my lord mayor f
Hammon. They did not tell me, my lord,
what they did.
Mr. *]!homson, 1 ask you what did they do ?
X. C. J. Mighty busy they were.
Mr. Thompwn. How long was it after niy
lord mayor adjourned the court ?
Hammon. About two hours.
Bcr^.Jeff. So much the worse,
i;. C. / You must miderstaad it was some
* The same place which beibre was called
Ae Orphan's court.
S
259] STATE TRIALS* '35 Charle* II. ' 16».— Trwif of Th^mi
m [269
time bcfote Mr. Sheriff bad mad« kw adjourn-
ment, they >vere busy till that time.
'Serj. Jeff. My lord, if your lordship pleases,
I do agree with Mr. Thompson that the
jury should remember that this was two
hours after my lord- mayor had adjourned
the court. '
Lord Gretf. I desire, my lord, 1 may ask
him some jquestions. You say you saw me
go to the couiu-it chamber, at what time, and
who went with me ?
Hamman, A little before candle-light.
Lord Grej/, You say all the company went
out with the sheriffs, and went away.
llammon. My lord, I did not say yott came
out.
Att, Gen, My lord was of the upper-bouse.
Mr. Thompson, Yes, and may be there
again ?
Lord Gre^, I hope I shall be there, Mr.
Attorney.
Att, Gen, It had better you had been so
then, ray lord.
I»rd Grey, It will be the worse for you : I
shall not lie perdue tor you.
Att, Gen, If you tlireatenme, my lord, 1
'ShaUtake notice of it. My lord, I Itave done
you a kindness ; but if you come under my
nands again I shall not do it.
L. C. J, They would not have it said, God
save the King ; and, my lord, you were with
some of those that abused him.
' Lord Grey, After it was over, my lord.
Att, Gen, . You were not within your duty
here.
Lord Grey. My lord, it was after the poll
was closed.
Serj.. Je/f. My lord, Idesire, ifyoujplease,
what is usual in all causes, that we might go
on without any interruption. Let us go on
for the king, and then make all the defence
you can . Do not think either to biss or threaten
us out of our cause. Mr. Hi^gins, give my
lord and tbe jury an account of what you saw
or heard.
Higgim, My lord, I attended with sereral
. of our company by my lord-mayOr's coach to
Guildhall^ and was in tne oouncii-chamber, and
iie sent for the sheriffs ; and after that he went
away ; and when God save the King was said,
•aid they, God save the Protestant Sherifls.
Serj. /<s^. I desire to know, Mr. Higgins^
this, what they said ?
Htfgtiu. They cried, Down with the
8word.
Mr. ^Aompson. Mr. - Attorney is making
« speech to us, I do not kno«v what he hath
' said.
Serj. Jaff. I do not think Mr. Attoniey
thinks you worth a speech. Mr. Higgins, 1
desire to ask you a qoestion, I ask you diis
i^estion upon your oath, after the adjourn -
fiient of the court, and after this very inaelent
. behaviour of some of the rabble tnat were
there, for I can call them no better, who did
: J9a see there?
Sissint, After I went hoinei I ireot to nee
my lord sale home, and can^ back Again; I
saw one Freeman, that they call the Protestant-
Cheesemonger, calling, T% poU^ to p^^
Seij. Jeff. Pray who else did you sec ?
Higgin9. I saw aklerman Comidh come op
towards the sheriff's : Gentlemen, said be, Yoii:
are doin^-right
Serj. J^ Did you hear Mr. Alderman Cor-
nish say BO : What, tliis gentleman ?. Do yoii
knowjiim?
Higgins, Says he to sheriff Shute, Yos^
shall nave all rieht done to you.
Serj . Jeff. W no else did ^ou see there ?
Higgins. I saw Mr. Swinock.
-Serj. Jeff, Did you see Mr. Key? Did yop
see Mr. Piikington ? .
Higgins. I did not see Mr. PiUdngton : I'v
saw Shute.
^^j' *f^ff' Did you see Mr. Jekyl?
Higgins, Yes.
Serj. Jeff. Which of them. do you meanf
Higgle, TheeUlerman.
Serj.Ji^. There, is JohnJekyl the elder,
gentlemen ; and John.^ekyl the younger.
Higgins, I was disputing with a feUow that
his toes came out of his shoes, and bad a green
apron ; Said I, Are you a livery-man ? Yet, I
am. said he. Surely, said I, they do not use to
make such as you are livery-men. Says Mr.
Jekvl, He may be as good a man as you, for
auglit I know. That was about half an bout
aft«r my lord -mayor went home.
Serj. Jeff. What time was the adjonrft*
ment?
Higgins. About five or six. I wasspeokiag
sometnmg, You are all in a riot. This is m>
riot, says Mr. Swinock to me; I can never
meet you, but you are railing against the kin^a
evidence.
JL. C /. The king's evidenocy what wao
that? ;
Mr. Willianu, What was done by Mr.
Jekyl ?
Siggini* He> was talldng un^aig the peo-
ple.
Seq. Jeff, He ^ encourage . amoog tbe
rest.'
Mr. WilUmu. You are in a paauon now.
SeQ. Jeff, No, Sir, I am nU.
Hifginsn He seconded Mr. Cornish wheft
jheslud. Insist upon your Rights.
Serj./e/. Who did 80?
Higgins. Freeman, my lord, that they cell
the Protestant Cheesemonger.
Mr. WiUiams. A very pretty word indeed.
S^. Jeff. Aye, so it-is ; ne is^^ celled ; yoa
will ffive US leave to hear what the witneai^
speafs
Mr. Williams. Another epithet would do e
great deal better.
Seij. Jeff, William Bell, what was done npoa
the spot ? Was there any hurt ?
Mr. WlUianu. Do you say, upon your oath,
that gentleman ufas there ?
Higgins. 1 have seen him in the balcony.
Serj. Jeff. He says, he uses- to be there upon
public days in the coffee-bouse.— BeU^ I wov^tt
161 J ' STATE ntlALS^ 35 Crablss II. iSSS.'-^Mi &thir$yf&r a Rid. (263
iesm to know of you, wlietber you are able
to give an account after my lord -mayor's ad^
jbarmnent, who was there? Name as many
pemms asvou can.
BelL Mr, Bethel ; and I saw Mr. Cornish
go through the little gate into the yard.
Sen.Jdf: Who else? -
Bell. That is all, Sir ; sheriff Pilk'mgton de-
fiirered two poll books into my hand.
Ait. Gen, Mr. Vavasor, win you tdl my
lord and the jury what you saw ?
Vavasor. It happened thus : Mr. Hammon
Ind takite a man upon execution, who was bail
ior ff cKent of mine who had paid the monies
lofDfi^ before ^ upon that I came to know who
employed lum ; and coming here, I fmiud Mr.
'Hamnum in that place, and the croud was so
great, Do not go back again, said he, for you
will go near to be abused. Whilst I staid
there, I asked him what was the meanmg ;
^ys he. In this room are the sherifls and
some othtts casting up the poll ; and whilst I
staid, tfiere- came in Mr. Uooifenough to and
fko from them^ and before they would admit
any, tl&ey would know dieir names ; there
was Mr. &ey, my lord Grey, and sir William
Gabtoa.
Att. Gen. What afterwards?
Vaoator, Yes, Mr; Cornish was there ; he
and sheriflPSbute came out together, and they
went upoA those stairs under the clock.
* Att.Gen. Who came out with sheiiffShute?
Vavator. Cornish.-
Mr. WUUam. What Corai^ ?
ViOMisor. Alderman Cornish.
' Mr. WilRams. Very mannerly.
' Be^.Jeffl His name was Cornish before he
Vemuor. And sheriff Shute told the people,
If they would stay a Uttle time, he would give
Hxm safisftction. Upon that, Mr. Cornish
went throagh the company ; and when they
came to tfie husttng, Mr. ^ute ordered procla-
mation to be made, and tokl them, Whereas
my lordrraayor had taken upon lum to adjourn
at nine o'^ock ; We the sheri^ of Ijondon and
Middlesek, beinff iht proper officers, do ad-
jooni it to Tuesday at nine of the clock. Upon
thai an ancient ffeaOitaaan desired they might
prodaim the election. Thai says Shute, mat
1 eaniMA do it now, for we have taken very
good oouBsel fat what we do. Had it not been
hr Mr. Hammon, I had been, I believe, trod
md^ foot snflwwntly.
Serj. J^. Mr. Denham, who did you see ?
Da^m. I saw sir Thomas Player, and Mr.
Jenks.
' Serj. J^. Where did you see them, pray ?
Denltam. In the yard. I went hdme with
lay knrd-inayor, and then I saw them. I had
isiindoCglttioe, but I cannot swear positively
4» MBr. Jenki.
• 803. Jef. Sir Thomas Player, and Mr.
Jaks, whatdidyou see them do ?
■ 8irjPr. Winn. Havkyou, fnend,whti«wa8
•Xyni saw Uiem ?
' i^MA««. in tlie yard.
Sir Fr. Winn. What did you see them do ?
Denham. Nothing at all.
Seij. Jeff. How ma^y people might there ba
then ? Two or three hundred ?
Denham. Abo\ e a tbousandf
Mr. Willicms. What did you' bear sir Tho-
mas Player say ?'^Denham. Nothing.
Mr. WiUiams. How far was he from his
own door ?
Denham, On the other side of the hall.
Mr. Williams. A mighty way indeed, a
mighty thing. What said Mr. Jeuks ?
Denham. I cannot say, Sir, that I beard
him speak a word, tmly in the tumult.
Sir Fr. Winn. Friend, I ask you this ; I
think I heard you say, you saw sir Thomas
Player aiid Mr. Jenks in the yard, but you
did not see them do any thing at all ?
Denham. No.
Seij. Jeff. Pray, Mr. Farrington, will you
tell my lord and tiie jury what you saw after
my lord -mayor had adjourned the court ?
Farrington.^ I saw there Sheriff Pillnngton,
Sbute, sir Thomas Player, Mr. Wickham dio
scrivener in Lothbury, Mr. Jenks, Babiugton,
one Jennings an upholsterer.
L. C. J, Sir Thomas Player you say in the
first place ?
Farrington. Yes, and Wickham, mylordy
a scrivener in Lothbury.
L. C. J. Who then f
Farrington, Sheriff Pilkington and Shute,
and Mr. Cornish, alderman Cornish.
S«j«- Jeff. Did you see one Deagle there ?
Farrington. No, Sir.
Seij. Jeff. Wickham you saw there ?
Farrington. Ay, Sir, I know him very
welL
Mr. Thompson. What is Wickham's chris-
tian name ?
Seg. Jiff. John ll^kharo, he goes by that
name, it may be he was not christened. Was
Jenks there, do you know him ?
Farrington. The linen-draper.
Serj. Jeff. Ay, very well, he goes bv tho
name of Francis Jenks. Did you see Jdcyl
there ?
Farrington. I don't know the name ; I saw
a great many I knew by sight, but not their
names.
Mr. Holtk What did these gentlemen do?
Farrington. V\\ telWou, Sir; therewas sheriff
Pilkington and sheriff Shute, I went in where
they were taking the poll ; said I, Gentlemen,
my lord-mayor bath adjourned the court, what
do you here? I suppose it ties in my lord-
mayor's power ; if it lies in him to call, cer-
tainly he must dissolve.
Mr. Williams. You argue4l thus.
Seij. Jeff. Pray give us leave to go on.
Farrington. Tl^re was Mr. Wickham, and
says he. My lord- mayor hath nothing to do
here, neither will we be ruled bv any of your
tory lord-mayors. This is not the first asper-
sion, said I, that you have cast upon a geim&-
man that loves the church and the eovera-
ment established by law *, and they fell, afaoul
Sd3] STATE TRIALS^ 35 Ctf ablb» II. l6S3^7ripf ^f J1iom» PUkk^km i^€^
me, and had it not been for Mr. Fletcher and
iir. Hill, I believe they had done me a mis-
chief; for they trod upon my toea ; who did it
I can't tell.
8erj. Jejf. But you say sir Thomas Player,
and PiUdngUm, and alderman Cornish; were
araoncst them ? — Farrington. Yes, Sir.
Scr|. Jegr, That's enough.— Pray Mr. Cart-
wright, will you tell my lord and the jury
what you observed there, and who'was there.
• Ctu-twright. I know the names of no persons
that were there ; . all I can say was this : As
90on as my lord- mayor adjourned the court
upon the hustings, he came down, and going
out of the hall, he had like to havebeed thrown
down, had it not been for Mr. Shaw; and
King to save my lord- mayor, J wrenched my
ck, and I spit blood for 7 days aller.
Saj,Jeff. Tell that, Mr. Cartwrigbt, over
•gain;
Cktrtwrigkt. My back was wrenched in sav-
ing my lora-mayor, aod I spit blood 7 days
Serj. Jeffl £ndc?.vottring to save my lord-
mayor his back was so wrenched, that ne apit
blood 6 or 7 days after. Hark you, Mr. Cart-
wright,- ever smce that time have you found
any indispositTon ?
Cartwright, I b«v« BOt boen my ovm man
since.
Mr. Williams, He took a surfeit,
Seij. Jeff'. He took a surtint of ill company
I am sure,
Sol, Gen, Mr. Shaw, give my lord and the
jurv an account of what you know.
Shatv, My lord, my lord-mayor sent to the
flheii£%, aitd orde^^d them to ioibear polling,
and come up to the chamber, and sent two or
three timea ; bi|t they denied ooming to him,
and west on and ordered the Common Cryer to
make proclanMtion for them to depart ; aud if
ih^sy staid, that he would look upon them as
rio^rs, and there was hissing and agreat deal of
crowd ) and there was sir James £dwards in the
court, they huucheQ him with their elliows ; and
M hia.lordship came down, going down tlie steps
there was such a crowd, that If I had not
catched his lordship in oiy arms, be Jiad fallen
upon his forehead, and his hat was off.
L. C. /. Who did you see so misbehave
Ihemselves ?
Shaw, My lord, I can't tell.
Serj. J<?^. I tliink we have now proved it
r'nst every body. we design, save only against
Dea^e; for we do not now proceed
r'ast Dorman, Newman apd Benjamin
p. Now, niy lord, we will only prove
agamst John Deagle, and then we shall have
done. Mr. Kemp, will yon tell my lord and
jury vrho you saw here? Did you observe
^y particulars after the court wiis adjoumed P
Kempy I doQ't reniember I observed any one
plan.
Ba^.Jeff. You don't f Had you any dia»
paoTwt witn Mr.Deagle at any tuneT
Kmp, Yea, I h4d.
S<Br}. /<# Wbitiiidhe teU yo^t
Kemp. He did oonfesa ha was there aJbout ^
o'clock at night.
Serf. Jeff. He did own he was amoDgst
them P
Kemp. Yes, with alderman Cornish.
Serj. Jeff, \Vhat say you, Mr. Rigby ?
Ri^hy. I saw him aliout 7 o'clock.
. Bei^.Jeff, Was he in the crowd ?
Rigby. Yes, amongst the people.
Serj. Jeff Here is all now, g^enlleiiiesi, buT
Dorman, Newman and Beiyamin Alsap, an^
we don't go ugainst them now. After thev
had doneuis, and hissed at the king, and cne^
No king^, no lord-mayor, what acdaoiatioiui
went these people off with ?
' Hammon, When the court was hfokit V9
by the sherifis, they cried, ' God save our true
' Protestant shei-im ;' and in that manner they
hollowed us.
Serj. /(p/^ What say you?
HammoH, They hollowed us home, Sir^ a»
&r as Fishmonger's-hall.
Seij. Jeff, They began with a hisa,and eiids^
with a hollow. . ;-
Mr. Williams. Gentlem^, 1 am o^KfiM^for
the defendants ; and, my lord, the qjaeatioa is,
under favour. Whether tfaestf persbns taken ^
defendants, whethey they he giulty of this
riot, as it is laid in the information. We are
now upon a special case, and the aueition is,
Whether Goihy, or Not GuUtv ? M^y k>rd, ia
the first place, tor the cries ; what the ciy was
hath been too often mentioned ; fpr those c^es,
there, is nothing at sdl fixed unon any person
that is defendant ; all th^ ia cnarged opoi^ oi,
is, that we were in the ^1 it seenos, and be-^
cause there was this noise heard, therefore we
must be guilty. In this crowd w^e we ai%
I hear hissin^^ especially at th^ other tp^ of
the hall ; which of us are conoerneiii in it, is |i
hard matter to judge ; it is % bard matteiv
and it were very well, and it h^ul l^ean very
happy, if some of those persons ^ad been
apprehended for their hissing. I wiQ no^
sav, ^fentlemen, that either one p^y or the
oth(;r m the ctmtest made the noise o^ nissing,
but there is nothing of it fixed upon any of us.
Our case is this, my lord, with favour ; vhen
we have stated our case and proved it, we arp
very innocent, and not guilty of the riot, {a
sQipoe measure it hath been stated on the other
side. They say in the Informat^, that the
lord mayor called a common hall ; we do nol
dispute that matter, we. ap-ee it, ^at the Utti
mayor of London is the bng^s lieutenant; but
to make such an inference, Th^^t because the
lord mayor is the king's lieutenant ip the ci^
of London, that he must execute all the offices
in the city, is of no cnedit in the world; sa
that they are mistaken in thet. Men ^ra
boun4ed in their offices. The lord miiyor dpes
not execute all the offices in the city tbongh
he be lord mayor. The question between as
is this ; Whether the shenfls, in this case, did
more than their office as sheriffs <Mtthe^ciil^ of
Ix)ndon. There is a superiority due lo tJh^
tord major, AftoAir tluiig ve .9fpB» v^
265] &TATB TRIALS, 35 Chauxs II; iS^S.-^mid oikers, fpr § KM. [t66
then ; we agree h k in tbe lord nuMror only to
cdl these oommon haUe, and as lM(f . Sei^eaDt
Jefferies, tbat hath beeo in a good office in the
dtj, be i^^rees U lumself : and it is appaireDt,
there are some fixed days for election ; oat yet
lheii|^h diere be fiiced days for election, yet
there aiast be that formaiity of a summons
fxomtheUwd mayor to the city, to meet in
order to the election of sheriffs ror the city of
London and other officers \ that we do agree
that my lord mayor hath the power of caUibg
oomnioo halls, and he is the proper officer.
We agree also, |pendemen, thai when the
LM«n<'« is done, tor there is nothing in vain in
Bitare, and there is nothing in gOTemment
that shouid be in vain, when the business is
done, my lord mavor is to bid tiie company,
* Fare muk weU,' which you may call dis-
chaigmg' the oommon hall ; we asree that to
be comnMN^ and usuaUy done hy nay lord
mayor. Bot herein we iafftt^ which we are
to try, the right of the office of sheriffii beinff
the qaestMO ; it is a question of right, and I
dp not see the government is coiioerned one
way or other.
jL C. J. Upon my word I do see it ; and
sarely you must be blind, or else you would
see it too : when a company is got together,
* No God save the king I No ki^ ! No lord
p
Mr. Wmiams. My locd, I tlymgM I kad
Speiied it plainly, I speak before, a great many
peo^; 1 desire, my lord, this may be very
weD heard. 1 tibooght I had said, veiy well,
finom all these noisea and cries we are all in-
■oecst, we justify nothing of it, onlv we would
have been glad if Ihej^ had apprehended any
man that made that noise ; it had been a very
happy thioff if one of them, or all ef them had
been defenoanlB |o be tried. My dients are
defendaatSy they are innocent and nnconcem-
ed ; it is a crime committed by some where
these s^tlemen were by, but they are inno-
eeat; we hesr Jbi8Sing[ at the other end of the
room, it was an iU thing, and ^a treasenable
eomplexioD; but for these gentlemen they are
uneoneemed. The question between the lord
mkjfx and the sherifis of the city, is a ques-
liaik of right between the mayor andsherifis,
Wheduer it be the prerogattve of the mayor, or
the rigfat^of the sheriffs ? And I say, un^er
esfceclion again, this question, VHiether my
Wd mayor of Undon may adjourn the com-
BMm hail to a certain day, is a question of
eight ; Whedber he can do it, or the sheriffs P
aai I do not see what consequence it can have
upon the government. The lord mayor is the
king's d^utv, the sheriffs they ar^ the kind's
gffioeis; and the question is, Whether it oe
lathe lord may 01" or the sherifl^ of London to
adjoom it ? They are very good subjects, I am
nre this very year they are so ; therefore I
wsoder at thi»e gentlemen of the king's coun*
•di 4iat will me&le with the gOTemment, and
say the gDvemment is oonoemed m this; I
sjifeal teany man if thece ha: any more oon-
^am^diia^ I sa^ tbi?, httevca»»isMiMiioa
hall caUed, gvound^ n^n custom ia the fii^
of liOndon, and here is a single question,. Wha^
ther these sheriffs did any more thsia theiv
duty; whether they were guilty, of a riot in
continuing this poll ? Gentlemen, this is the
method we shall take. First of all, it is not
proved, that ever the lord mayor, before this
time, did ever attempt to adjourn a eommoa
hall to any certain time ; all the witnesses that
were called, that preleiMl to be knowing ia the
customs of London, the common seijeant him-*
self, he does not pretend that it was a^l^ouroed
to a day.
Serj. Jeff. You mistake. 1^ Kobert Cky«.
ton did from Saturday to Monday.
X. C /. What need if there had been no
precedent P If so be an assembly of peopie aie
met about business, and they cannot make aa
end of it ia a reasonable time, must they be
kept all nig^t tiU they have P What argummt
will you make of it P If a man aiay vatt aad
dissolve, do you think if there beoocasion, but^
by the law itself, that he may anj^ium to a oon«
venient hour P
Mr. Williams. ThatwUl be a<|uestion between
us. My lord, what I say certainly offset car**
ries aoaMething in it.
X. C. J. NotatsU.
Mr. Williams. Then, my k>rd, I havedooa.
X. C. J. Give us leave to underslandaoma-
thiri^,Sir.
Sir Jr. Winn, MyJ^rd, by your loedshif^a
fitvoa r
X. C. J. I spuketo Mr. WiSiaaH, aMl h&
takes it so heinously at my hand that fiuts sig->
nify nothing ; I do again say it, the hakmffn*
fies nothing. For I tell youagssa aalaw, it is
pot denied the lord mayor may call, he maji
diasolve ; then, I say, by law withput faot,
by custom, he tha^ can bodi- call and dissaiiio,
may adjourn to a oonvenient tima» Aoast
ju&es of assize of aljl the counties off fiv-^
land do it, when a cause appointed to oe
tried in such a county such a day, and it may
be it is tried three days after P And ysS I nay
find me the statute or commission, or find ma
one thing or another, hestdesthe very law itself
that doth give theca leave to lyl^oani finom tiiM
to time.
Mr. WilUami. My lord, diere is a mighty
di^-ence,biitIamQidyupoAfiu:ft; these ge»^
tiemea will moee it was never praettsed.heibiii
sir Robert Cbylon's time ; what the oons&^
quence in law will be, that is in your lordships
breast ; I amaow speaking ufOft tbe evidence
that this hath not been piaotised. What the
law is, for that we are to. have Your ^udgmenti
whieh I humbly crave, I will be judged by
gentlemen that are my senion, and better read
m this nkatter ; but, mf lord, a man may havia
a power of calling or dissolving, and notof ad«
joumin^ • it may be so. But, my lord, ad*(
mitting it to be so for this time ; yet, my lord|
whether we era guilty of a riot, ^ike the ciiu
cumstances «f our case. Whether the right of
a^^Quraiiig heia diftsheriflh,yea, or nay, itisa
question of right, and I had irather apply my«
967] STAT£ TRIALS, 35 Charles IL i68S.— Tm/ o/Tkemas Pilkingten l^G^
ietf to your knrdsbip, than to tiie jiinr. If
there were a qtiestion ot'iight between tne lord
mayor and the sherifis, itmay be admitted by
rnir counsel, that it was his ri^ht to adjourn
the court, and probably the bheriffs might be in
the wrong, ana the lord mayor in the right,
l^he lord mayor adjourns the court, apd they
continue it ; they go on with the poll, aod go
on with the execution of their office, as they
apprehended ; if they were still for their right,
1 hope your lordship will not make this a riot.*
My lora, for- the circumstances that followed,
the noise that was mode, which I do not love
to mention ; if, I say, they were guilty of this, 1
am silent ; but if they did no more, as I hear no
more proved upon them than continuing the
poll, then, I say, it will be hard to make them
gaWty of the riot. And another thing is this ;
my lord, we all know, if- there were a thousand
«leotors, any man knows, that when there is a
question upon an election, it is impossible such
» thing shidl be, carried on but there will be re-
Tilijig) ill UuBguage, and the like ; and to turn
all these things to a riot, a thing so common
IW)m the be^nningofelections to this time, if
Iheiebe a division' and polling, there will be
something you may torn to a not. But, I say
this, they have not instanced in any one de-
^^ndant, that he was guilty of any one parti-
cydar act that amounted to a riot in itself, they
have not instanced in one. They say of alder-
man.Comish, that he was of the same opinion
with the shenib, that they did insist upon the
rights of the city, he iopk it to be the right of
tl^ sherifis ; ' And,' says one of them, * 1 will
stead (TOon it. Bethel that had been ^eriff. Now
we .will call oot witnesses, we will proye what
faath been the constant practice in the city,
we will prore the methods of a^onmment;
«ad# my lorii, this is to be said, which
ymir lordship, wilf observe, that the sheriff
•iboiinied the court 'to the very same time
wnh my lord mayor ; so that it was no more
than to bring ]die matter to an issue in this case.
. SirjJPlr. Winn. Spare me-a word in this case,
Isy. lord. . There is no evidence produced
against Treiichard, nor against Jekyl the
younger,, nor agamst Bifield, nor Of
these there is no question, but th^ are as if
$kij were out of the information ; I must beg
leaye for a woid or two ias to those defendants,
that .they have olGsred some etidence against.
The question is now;before your lordship, whe-
ther they are gndty of a riot or nor My lord,
fi»r ought I see, it will stand upon a nicety of
Nidgment; yet,i^tllierebenot matter enough,
geimemen, to make the defendants guilty d'a
) * *^ Itisaaoddkmdofprooeedmgthatmen
should be found guilty of a.riot when they met
about a lawful affair, vis. chusing th^ officers,
and were employed only therem, and when even
the matter of ru^ht is yet undecided whether
the lord mayor have such an aihitraiy power
t^rer the common haU as is pretended.^ Nar-
^ns Luttrall'sliS. INcfHiBlmcalRditioD,
riot, then it will ckiair the defendants. My lord,
as to those words, that really, were words tlmt
ought to be inquired into, who they were that
spoke them in relation to his majesty ; 1 think
it was a very ill thing of those men that saw
tlicm, that they would not neglect all manner
of bu^ness to seize them, I think it was a duty
to fix upon tliem ; but, my lord, there is no evi -
dence to pot it upon any of the defendants. My
lord, tliat being pared off, now the question is,
that the meeting together was lawful, that is
agreed ; then - when they came together, my
lord. I do diink, that if we do re^ upon the
evidence, it will be a mighty hard thing to make
this a riot ; setting aside those villainous words
that were spoken, which cannot rdate to the
defendants. Suppose, my lord, that among tb^
electors the whole common hall of the dty,
there doth a dispute arise, before the dection
is over, concerning the adjournment of the
sherifis or the lord mayor ; some men are of
one opinion, some are of another ; and thw
evidence, Mr. Peter King and another, at-
torneys, I asked the question several times,
' Did the lord mayor or London ever interpose
or concern himself in adjourning the hall, till
the election was quite finished?* And they
said, * No.' Then, my lord, I must say it as
to these particular defendants, in such a con-
course or people as were met Uiere, it is as slen-
der a proof of a not as ever was, and intimates
that the citizens of London, they that happen
not to be the greater number,, they that lose the
election, may be found enilty of a riot in chus-
ing othercfl&ers, as w^ as in the business of
sheriffs ; which being so tender a point, I
think it will be a very severe exposition, my
lord, to make this a riot. But now for the mat-
ter: we will call to your lordship^ several wit-
nesses, men that have been magistrates in the
city, that it vras always looked upon, that my
lora mayor, as he is the principal magistrate, he
gives notice for common halb ; and when the
several electors are met, and the business is
over, he directs them to go home, and dissolves
them ; but my lord mayor meddles not in every
little administration of the election of officers,
but leaves them to inferior officers, the sheriflfs
and others that is their duty ; my lord, with
submission they poll them, and send them honie
during ^e election, therefore by law they do^
this ; fer, my lord, the custom of a city, and the
custom of a place, is the law of the place ; atid
if the custom of the pUice had been, that the
sherifis have been the persons that have ma-
naged it, is their rig^t ; but their common Ser-
jeant he says be hath the sole management of
it ; then ii it be as Mr. Common Seijeant says,
if that must go, upon my word, gendemen,
your privilqies are reduced' to a mile com-
passi— ^
JL C. J. They did confer with one another
who they took to have the most voices, and so
reported it; notthathe did claim any tiling in
his own riffht, hot as an officer or the cityb
Nowit is main, and I thmfc there is no ineon-
yeaicB^ Mb upon it, if an offioaraoqaaiaiB
469T STATETRlAia^ B5 CirAaLEr tl.. \€^B.^Mwd i>thtT$Jw a mu. ■'
out of the hail tbroogh the crawd, aod
pulsed, the crowd wan so great 1 ooold not g«t
throagfa, but was fain to retire iwck again to
the hustings, as I remember, two or three'
times . There mi^ht be some such discourse as
Mr. Common Serteant hath said ; butthasiar
I can remember, that I did both myself, and the
common serieatat, signify -to them the businesa
I was about, and so many aldermen as made up
a bench, together, with Mr. Recorder, to
manage that business, must go ; and tiiat I
would leare the sherifis to manage the poHi
which I thought was their duty.
Mr. Thompson* Did you take it to bethar
right ?
Sir R. Clayton. I did not apprehend it to ba
my right th<ii. >
Mr. TAosipfon. And therefore you left it tr
the sherifis as their right ?
Sir Jt Clayton. I leit it to the aherift ta
maiMge the same.
Mr. WiUiama, Sir Robert Chyton, I sop^
pose when you were lord mayor, you.Were aa
much for the honour of the chair as any^ maa^
yottwould not have q|uiUed the right of Ihe
chair P <.
Sir R. Clayton. I did toot ; there was a trial
of me in that case.
Mr. WilUams. Now, Sir, for adjounungthe
poH : Did yon know anfy such questioB, whe-
ther a poll was to be adjourned lipon the ele^
tion of any sherifis ?
Sir K. , Clayton. There hath been a graft
noise about adjournments of late. That pa^
was the most litigioosof jany that I know we
have had before or since ; that was adjonnied
forsereral days.
Mr. William. Who adjourned that noM P t
Sir R. ClauUm. The sherifis did adjooni il^
Ithink, ^tliemen ; I do think the ahoifisdii
adjourn it, I was not present.
Au. Gen. Sir Robert, don't serve the oonvt
thus.
Mr. WilliaMis. Don't brow-beat our wit-
nesses, gentlemen ; I know, Mr. Attome|e,
yon are an ezamjile of fiur practice : We. am
examining our witnesses. .^
Sir JR. Clayton. Pray, my hnrd, let me ex-
plain myaelf ; 1 shall, let Mr, Attorney Gcoeral
understand me. I did never appear at-Gutkb-
haU, ^mless upon the a^eOUht of a court of al-
dermen ;' I did never appear at Guild-haD, hot
the firtt day we had" comnikitidns . here in this
court about the. adjournment, and uponitfae
hustings about going about the business- we i&)^
tended, and the hall was very intent upon jdia
poll ; I twice attempted to golHit, andoonM
not get out.; wheieupoi^ we were lainto'aep
quaint the hall, as weir as. we CQuld ibi^dio
noise, of the businesa we w^re torgu about, -and
they let me. go. I left behind the sherifik and
the coiimion Serjeant j. how long they staid, I
cannot teli ; I can upon my. own .knovrled^
give no, account of ihoBK - I^wacrnpt consulted,
to.the .best of pj knowledge,. afVerwards, nqr
didgivil any particular dis<>Qtioi|s for adjoqrtf-
meut._ I^dijd /\qt4jt>:it fwthif ifafon iil didl
nv lacd mayor, according to the best of our
ja^;ment, we think auch a man hath tlie most
vaices,'lfaal does not give him a right for him to
make an officer^ notat all.
Sir IV. Winn, I say what he said in his evi<*
deace; but one of the attorneys swt;^, that
thay have all equal power ; I wonder then who
ihotiKI make an endf of the business. My loru,
we will call to your lordship ancient citizens,
that bare been * frequent at elections, to give
you an account that the sherifis always )uul
the management ; that mv lord mayor never
eoocemed himself, till he bad notice it was de-
tmntn^,; audif that be so, and the practice
faaih been sOy then I don't see, under favour,
my lord, how they will make tbis a riot ; that
is the case.
Mr- Tkpmptan. Sir Robert Clayton, will you
please to fell my lord and the juirin what
manner the dection of sherifis hath been, and
how the mavors have usually left it to the
sheri^ in tnat case ?
SSr Rob. Clayton.* My lord, I have never
heard this matter hath been in question till of
Jlat^; so I cannot declare pouch on my own
knowledge, bow the truth of ikct is or shoidd
be ; I can only say this, what the practice
-hath been. When I came to the chair, I did
^deavour to know my duty, and to do it. The
first time 1 had occasion to take notice of this
matter waa in the year of my mayoralty ; 1
didthen^ according to custom, summon a com-
oHm-hall ; when I had summoned it, there
wa^ a person presented to the hall I had drank
to; me hall did refuse him, and there was a
^;reat iioise.and hubbub upon it, and we found
a way to accoounodate that matter, and lefl
diem to chuae two sherifis for themselves. I
retired into this court together with my bre-
threpi, and Mr. Recorder that was then : We
went iW the sherifis up to examine the matter ;
they told os, that they could . not agree .the
thinjgf, thore were lour persons in nomination,
hot they had granted a poll. After this we
,went do%vn into the hall ; of that Mr. Common
Serjeant hath given some account, and Mr.
Seqeant Jefieries ; I shall to the beet of my
memory give the best account 1 can of it : 1
abatt only tell vou what I did understand to be
my duty s 1 <u> not detennine what the prac-
tioe was, hot what I understood to be my duty.
When we came down into tii^ oommonhall, to
dedare how the matter stood, and that a poU
was agreed upon and granted, we would have
adjourned the court to. a longer time ; but the
people cried out, to ffo ^o the poll presently. I
was, as you have been told by Mr. Common
Seijeant, to go to the trial of one Giles, upon
:tbe assaasiu^qn of Arnold, to the Old Bfuley.f
Idid twice or thrice attempt to get down
. * He had been member in parliament for the
.c|ty.4if London, and in tb^ last parliament of
Cliarles the 2nd, mored for the bdl to exclude
• all popish tniccessore, and in particular James,
duke of York, Se^ 4 Cobb. Pari. Hist 1317.
f See VOL 7, p, X.130 of this Colksction.
Sfi] STXn TRIAL, iSikARLB^ H. i683^fHtf/ ofThmMi tHOdngt^n ^V^'
iMtlwik upon it to ttein mj power : If I had
•Mh a power, I did not understand it.
Mr. WiUiamt. Sir Robert, bow many days
do you think that poU continued ?
Sir R. Clayton. About six days.
Mr. WiUiams. Of thoee six, how many days
werfe yon present ? .
Sir R. Clayton* I did not understand it to be
B^dttty, and 80 did not look after it.
Mr. Thompum, Sir R. Clayton, I desire to
ask you a question, as to this matter yon have
giren in evidence ; Do you gire it to the best
of your remembrance, or positively? ^
• m A. Clayton, I tpU you, I speak to tlie
best of my remembrance every tning that I
•ay.
Att, Gen, Sir R. Clayton, I beg your fa-
vour, to the best of your remembrance is no
evidence, it is so lately ; if you please, sir Ro-
bert, you are to give evidence of a thing about
three years ago. I ask you, upon your oath,
«rho were your Aerifls P
4 . Sir K. CUttfton^ Sir Jonathan Raymond, and
air fliniOD Levns.
.Att, O^ I w«uM ask y«u then a plain
question, sir Robert, because you come in with
yimr remembrance: Did you give express di-
rection to the common Serjeant or the sheriflTs
to adjourn, upon your oath ?
Sir R, Clayton, I musk, Mr. Attorney Ge-
neral, by yom fcvour,take in my remembrance.
■ Att, Gen. Then yon are no evidence. Sir
ilobert, did you give directions or not, upon
ysvr ««th?
Ske R, Clayton, I canHsay it wasffiven.
Att. Gen. Didyou,ordidyounotr
^SirA. Clayton. My lord, I hope I have
apoke English in the case: We did discourse of
the adionmment in diis court, 1 believe it was
4iieoiR«ed below ; but, as I said, 1 was engaged
to go to the Old Bailey, and I would leave mat
jnatter to-tbe sherilb^ whose proper bosiness I
understood it to be.
• Att. Gen. I ask^ ymi, cir Robert, one of
jdie pteiHest qoestkma that ever was asked ; I
«Bk you, whether you g«ve the sheriflb or the
oommon serjeant express order to a^jonm.
Sh* ft. Cityum. I Mieve I did not.
AH. Gen. Di4tfae sherifla tell you they had
• ngitt then.
Btt R. Clmiton. There wasno dispiite who
had the right.
Serj. Ji^. Sir Robert, (f you please, I would
tak, youa fuestbn or two. Do you remember
tfaatthe court was adjouhied while you were
there or not ? Do you utaderstand the question,
m^ft^ibertf Do you remember the coAimon
Ml^aa adioumed while you ware there P
1^ A. Cbnfttfn, Yes, Sir, if you give me
iMvetoekphm myaelf,! tferiok die oommon
Iwil was aqioanwd;it was deekred ; but there
iwiBMchanoise in the ball, that the peo^
«on1d not hearit.
Serj.Je/. Birtihert IVM a tort (HTdeelBY-
'%imi madeby younMdf, Yo« diii.maka an ad-
jmirmDeat; but the nottowasaui^h, tfaAt the
paopfe did Mt ktors Aod if you remember.
there was a person affronted oneiif the sheriflli^
and I committed him to custody upon it.
Sir A. Clayton, We (desired toadjoom for
an hour or two, that we might go and refreab
ourselves.
Ser|. Jfif, Then yon remember there was
an adjournment . I ask you whether it was ap«
pointed to be made bv you or the sheriffs P
Sir JR. Clayton. Truly I believe it was ap-
pointed by me.
Serj. Jeff. Sir Robert, by asking a questioii'
or two, sir Robert, I know I shall bring some
tbin^ to your remembranoe»
Sir ft. Clayton, My lord, I don't kndw I
have given any. mat occasion of laughter te
my brethren ; these adjourpmeats have been
very common with us, and I might agree to it«
or order it, or direct it : but one of them I be-
lieve I did, or two of them.
Serj. Jeff, Sir Robert, I would only have %
question or two asked, and I knowny aslnig'
a question or two, 1 shall bring ikings to your
memory, which 1 am sure you cannot easily
forget. Were there directions given for pr<»-
ckmation to be made ibr all parties to depart in
the king's name?
Sir ft. Clayton. I believe there might
Seij. Jeff, The next question is, whether
the sberiifs ordered that proclamation to be
made ffir all parties to depart ?
Shr ft. Clayton, If it were done while I was
present, I make no doubt in the case but 1 did
direct it^I make no question of that.
Serj.Jf/f: Very well: Now rir Robert Clav-
ton, we are got to an adjournment to a time by
your direction, and proclamation by your di-
rection. Now I will ask another question,
upon your oath : Was not you in the commoh
hall, and ffaye order for an adjournment till
Monday toliowitig ; for I remember that day
to be Saturday.
Sir ft. Clayton, Truly I don't remember
that.
Seij. Jeff. You do not ! Sir Robert, you
know very well that the sheriffs of LMNton,
when the lord mayor and aldermen come back
to the hustings, the sheriffs sit remote, one on
the right hand, and the other on the left, fur-
thest from the lord mayor ; so that all the al-
dermen sit nearer to the lord mayor than the
sheriffs do : Did you mind that the sheriffa
came to you to speak to you any thing of an
a4ioumment?
Sir R* Clayton, I never saw it.
Mri Jonet, I would ask you a question or two :
Yon know this gentlenum, don^tyou? [Point-
ing to the common serjeant]
Sir ft. Clayton, Yee.
Mr. Jones. Did he attend the court at that
time ?— Sir ft. Clytm, Yes.
Mr. Jonet. Sir Robert,'! ask yuu* a'nur qnea-
tion, did yon lay any command on him to ad-
journ the hall at that time, from Saturday till
Monday.
Sir ft. Clayton, Pray, my lord, give me
leave to answer Mn Jones in my own vray.
Wi.hna. Myloid, laminyoarjudgoient^
t
273} STATE TRIALS, 35 Charlbs II. iSBS.-^ani ^kiri,^ a Rioi. [tr%
it if a &ir qooilioii wiUim his own recognizance
lile^ done, he ought to antwer powtifely , Yes
Sr it. Clayton, Am BOi I npon my oath ;
MB Y^m lel| me what I can say ?
A. JoMK. Ay or no. Any honest man
vBoIdde it:
fir JK Winn. All witnesses answer their
o«B way, don't they ?
Mr. Jones, Let him answer then his own way.
Att. Gen. My lord, yon knew there is a
role in chancery, if it be a matter within seyen
jetn, if it be net answered poeitiyely, it b no
answer ; If one asks a witness a.queBtioa that
hes within a little while, if be wilt not answer
affirmatirely, or negatiTely, he is no
L,C. J, I can't tdl, Mr. Attorney.
Mr. Janes. Will you answer or no, sir Ro-
bot, whether you commanded the common
lene&Dt to fto and adjourn the hall or no?
Sir R. Ctenfton, Idon*t remember that I did.
Hr. JbsMS. Then I oolv ask you this further
question, whether Mr. (Common Seijeant did
ast tell you, that it was not his proper bukmess
to do it, and that unless you would lay express
femmands opon him, and put the very words
in hb mouthy he did desire to be excused, and
did he not stand there ? [PDinting to the bar.]
Sir IL Clarion. I have heard, Sir, what Mr.
Cemmon Segeant did say, and I cannot chai]ge
my memory with it ; but I have that charity
fikr Mr. Common Serjeant, to believe there
vhriit be ^scourse to that purpose.
Sir jPr. Wiim. Mr. Love, in all your expe*
fienee, what do you remember ?
Mr. WUliamM, How long have you known
Geildhall and elections ?
Mr. Lave. I sappose, mv lord^ these gentle-
do not expect I should say any thing that
done that day ; but, my lord, all that I
Me you expect from me is^ what I did ob-
to lie the practice of the citj ; to the best
of my remembrance, I shall give you an ao*
caont. My lord, about 93 yeai-s ago, I did ob-
serve the practice to be this ; when I was called
nto this cwice of sheriff, I took it as a thing for
granted, that it was the sherifTs office to roa-
Bsge the common hall, that 1 did, as my lord
Mayor's was to have a sword borne before him ;
I have xeeeived it by tradition from all before
me, and my own experience. My lord, I re-
aanher when we came to chuse sheriffs upon
Ifidsmnmcr day, after the lord mayor and al-
dermen had been there, my lord mayor said to
me and my brother slierifr. Gentlemen, look
to yoor oflSoe. We accordingly went to it, and
chose two shniffs, one gentleman that had been
' to by my lord mayor, 1 think it was Al-
but notwithstanding that
drinking to him, we took no notice of that as a
eeremony, he was put in nomination among
odbcn, and being aseniw sitting alderman, we
relumed him ; otherwise, my lord, I assure
yon I wooM not have returned him, notwith-
•*TiMfing the drinking. AAer once that the
kad mayor and aUsrmen withdrew to go to
VOL, IX.
^ 'Counoil-chamber, they said to us, now
gentlemen, look to your office.
Thtmptom, What wasyoor office ?
Loroe. To chuse sherifis.
Mr. Thompton, Did my lord mayor meddle
with the election, or left it to the sheriffs .'
Love. Left it to the sheriffs.
Mr. WUiiuihs. What was vonr opinion, Sir«
was it in the lord mayor to take the poll, or the
sheriffs?
Xoee. Truly, Sir, I am not a competent
judge of whose right it was ; but if my loni
mayor had gone awut to meddle in it, I should
have prayed ray lord mayor to /meddle iu his
own office, and let me alone with mine.
Att. Gen. Yes, Mr. Love, }'ou were then
the tribunes of the people.
Sir JPr. Winn. liere are some say the com-
mon Serjeant and the oommou cryer have a
power, nay, the whole power of ordering the
nail during the election. Wliat is the office of
the common Serjeant there ?
Love. Truly ) Sir, I look upon the common
Serjeant and the common cryer as persons left
to assist us, because they could not put tis to
the trouble of crying O yes ourselves ; and if
any common seijeant or common cryer had
durst to put a question without my direction, I
would have known whether be could or no.
Sir Fr. Winn. Mr. Love, was it ever dis-
coursed to you when you was sheriff, or before,
or nnce, that ever my lord mayor did interpose
before the election was over ?
Lave, Since I was dischaiged of being a
magistrate, 1 never was at a common faaH
since. I have spent my money for the city's
service, but never got a penny by them ; I
never heard, that ever the lord mayor, till these
late times, interposed, but that the sheriffs ma*
naged the whole business of chusing sheriffs.
Att. Gen. Mr. Love, I desire to have a
word with you ; you speak of the time of your
reign ; I would ask you a plain question, Was
it Mtbre the king came in ?
Love. It was that year the king came in.
' Att. Gen. Was you chosen beiure P
Lave. Yes, I was.
Ait. Gen. Do you remember an act of par-
liament in 1648, then in force, of shutting out
my lord mayor P
Serj. Je0ries. I would ask him a question
or two. Hark you, Mr. Love, Let me ask you
a question or two.
Love. Sir George, I would give Mr. Attor-
ney an ansi^er.
L. C. J. What would you make of it? If
you ask liim of an act of parliament, it is some-
thing.
Att. Gen. You speak of a time when my
lord mayor had no more to do with it than 1
had. There vras an ordinance of parliament,
did you never see that?
Love. To the best of my remembrance I
never saw it in my life.
Att. Gen. Nor heard of such a thing?
Seij. Jeferies. Hark you, Mr. Love, I per-
ceive you would have disputed with my lord
T
mayor ; who was the lord mayor that you talk
of?— Lcive. Sir Thomas Alien.
Seij. Jeff. Now 1 would desire to know
whether you remember the city before the king
came in ?— Irf>w. For a little while.
Serj. Jeff. Do you remember any thing of
that custom of the lord mayor's drinking* to
sheriifs; was net that used before the lang
came in ?-^Lovc. A long time.
Serj. Jeff. It is well enough ; a long time.
Mr. WiUianu, My lord, we have seven
or eight more to the same puq>ose, but we are
satisfied with these gentlemen : We will prove,
if there was any thing like a riot, we will prpve
my lord mayor, and those that were with him,
were the authors of it.
i. C. J. When multitudes of people are
gathered tc^ether upon a lawful occasion, sup-
posing that they had a right to be there, I do
say, £at in that case it would be much a miti-
gation of the ^r, so for this same riot ; but on
the other side you must know, that these men
that do it, it dotli not excuse them, for ignarantia
jurit is not an excuse. It is true, if they had
bad a lawful occasion to continue to do it, but
in truth they had not, that will excuse them
iL ^an^o,- but non a toto.
Mr. Hott. My lord, I beg to put in this case ;
there is a great deal of difference where a per-
son does chim a right to himself, and does an
extravagant action. Now, my lord, these per-
sons did cUum a right to themselves to contmne
the common hall, and that it was not in my lord
mayor's power to adjourn it witliout them:
Now, my lord, they dainied this ri^t, if they
used no violence, that is excusable. If I should
daim a right to another man's estate, though I
have no ttUe, and say I have a right, and give it
out in speeches, no action lies against me ; but
if I do an extravagant action, and say another
man hath a title, there lies an action against me.
L. C. J. Now eo to your fact.
^r Fr. Winn. My lord, put a point to ns,
and wc need not call more witnesses.
L. C. J. I don't speak to hinder you from
calling your witnesses.
Sir Fr. Winn.- I put this case, we undertake
to prove, that it was always looked upon, that
it was the right of the sheriffs : suppose, my
lord, upon the dispute it should be round, that
the opinion of the jury should be otherwise ;
will tois turn to an illegal act P
L. C. J. C'ull vour witoesses.
Mr. Wallop. L beseech your lordship I may
put one cose m this point ; in a point of right,
if they have a probable cause to msist upon it.
Suppose I send forty men to a wood, and take
a car or a team, if tney be a competent number
to cut down wood, if we are mistaken in the
title, that is no riot. Lambert puts the case.
X. C J. But what if i had sent a great many
men to cut down the whole wood i*
Mr. Williams. We will oaU some witnesses
that will take us off from the riot thus, if so
be We can excuse ourselves of the disorder, and
put it upon my lord mayor, then wc are in-
neoeot.
Sss^Trial of TkmM PilkbigUm [5276
L. C. J, Very well, if you do that
Mr. ■ Mr. SiUey, are you aoauaipteit
with the manner of the election of slierifis T
How long have you known it ?
SibUy. I have been of the livery ever suic0
1639 ; in all my tirne^ I speak, geotlemen, to
the b^ of my remembrance, it mith been th«
custom in all my time, except here of late, tbac
the sheriffs of London have had the manage-
ment of the eksction.
Mr. . Did my lord mavor ever inter-
pose till the election was over r
Sihley. I never knew my lord mayor inter*
posetilllately.
Sir Fr. Winn. Did you ever hear my lord
mayor pretend to it till of late P
Sibl&u. No, my lord.
Sir Fr. Winn.' Did tlie mayor use to be pre-
sent at any election during the election f
Sibley. I have been most commonly there.
Sir Fr. Winn. But the mayor ; would the
mayor be there ?
Sibley. The mayor and aklermen went bflT
the bench.
Sir Fr. Winn. Who managed the electioOB P
Sibley. The sheriffs.
Sir Fr. Winn. Were the common seijeafll
and the common cryer thei'e ?
Sibley. The common seijeant and the com-
mon ciyer are always there.
L. C.J. 1 pray thus ; you have known the
city, it seems, a great while. I would ask yon
this : pray who did call the assembly that was
to chuse the sherifis, did the shenffs, i/t the
lord mayor?
Sibley. We commonly received the tickets
by the officers of the s^mpanies. •
L. C. J. Did the officers of the companies
summon the assembly ? Hark vou, pray. Sir,
recollect yourself; do you take it, that the
offioers, the beadles it inay be, of the spv«ral
companies, did they summon the livery-roen,
and so a common hall was called together ;
was it 80 in your time ?
Sibley. It hath been commonly so ; we
have received tickets from the beadle of the
company.
L. C. J. And my lord mayor had nothing to
do with it then P
Sibley. What order the masters and wardens
had from my lord mayor, I never ini|ohel
into that.
X. C. J. When the hall was dissolved, who
ordered proclamation to be made, the sherifls
or the lord mayor P
Sibley. My lord ma3ror hath not used to be
there.
Mr. Thomptoti. When they had done, they
went BM av. He won't trouiHe your lordship. >
L. C. J. Pray, had ray lord any hand in
summoning ; did he direet the summoning tf
them ^-'Siblev. It i& more than I know.
L. C. J. You brii^ a witness that knows
nothing of the matter.
Serj. Jefferies. Mr. Deputy Sibley. Give
me leave to ask Mr. Sibley a qnestion or two t
I shall set him to-rights presently. Mr.SiUeyi
9T7) STATB TRIALS, 35 Charles II. l683.--MNf ^iheriifm- « At#f. [270
iff be Bot mntaken, iron are one of the com-
paojr of tBAow-cliaiidlen, and you have been
■nster of the company, and yoa hare been
warden of the ooynpany. Yon ?ery well know
what directions are given to the beadle are j|^e-
nendly hj the master or wardens : pray, upon
yoDT ooth, when you were master or wanlen,
was there erer auv precept sent to you to
snmmoD a common nail ?
Sibley. Indeed I don't remember that, Sin
Mr. Thompson. If your lordship nlease, we
hare done with our evidence ; I woulu beg your
lonMup's opinion in it.
% Pr. Winn. We do admit my lord mayor
flomnionsthe court.
X. C. J. But you bring a witness that fpiiows
nothing in the world of it, but yet you would
have it taken for gospel, that the sherifTs had
aO the management before that time forty
years together, till now very lately. But
when he comes to be asked, now is this as •
aembly or common hall called together, alas !
he knows no more of that than one in Utopia.
Mr. Thompton. My lord, we have several
other witnesses, but we will call no more.
AttJ Gen. If you have no more, we will call
two or three more.
BIr. T%ompton. We have some to prove, that
my lord Grey came to speak with sir William
Goktoti, and went away again ; and we desire
to call sir Thomas Armstrong.
Sir ¥r, Winn. My lord, if }'Our lordship
pleases, thus, there will be it seems some par-
ticular defences made. Your lordship hath
heard their evidence, and what we have said ;
we desire to call two or three witnesses to ano-
dier bead. Your lordship hath heard there
was some rudeness by some of the people, but
who they were it doth not appear. We will
can two or three witnesses of tne behaviour of
those men and company that came with my
hiffd mayor; that wnatsoever disturbance was
made, they were the chief men that made the
disturbance, and my lord mayor could not
help it, nor we neither.
jL C. J. Sir Francis, I believe those men
Aat would not have God save the king, my
kud mayor could not hinder them ; but will
you undertake to prove, that those that came
with niy lord mayor, that they were the men ?
Sir fr. Winn. They were with them, my
kxrd.
Seij. Jej^. They were with them that cried,
' God bless the Protestant sheriffs.'
Slley. My lord, I desire to explain myself
to what I said ; it is several years ago since I
was master of the company ; I &> not re-
member, but I belieye the summons was di-
rected from my lord mayor.
Mr. Freak. Mr. Winstanley, what account
ciDyou give to my lord and the jury ?
wuulanley. I have lived near the hall, ai^d
I often came in, but I was not a liveryman
upoD that poll that was between Mr. Kifien and
sir Robert Clayton ; the sheriffii managed it.
Mr. Freak. Who managed it?
Wintt. Tb«alieri&.
I^Ir. Freak. Who decfaund ?
Winst. Thesheriifii. ^ •
Mr. Freak. Did the mayor come down to
declare the election P
Winit. The mayor came down after the'
poll, but tha sheriils took the poll.
Mr. Freak. Who was then mayor ?
Winit. Sir James Edwards was sheriff, and
sir John Smith.
Mr. Freak. Who was mayor ?
Serj. Jeff. It was sir Samuel Starling.
Mr. Freak. Who put the Question upon tha
hustings?— m'i«^ I can't tell.
Mr. Freak. What did you hear the sherifis
say, or see them do ?
Winst. The sheriffs presently ffranted a poH,
and parted one to one door, and the other to
the other.
Mr. Freak. And who took the poll ?
Winst. The sheriffs took it.
Mr. Freak. Who declared the election ?
Winst. The sheriffs.
Mr. Freak. Who were sheriffs tlien ?
Winst. Sir James Edwards, and sir John
Smith.
Serj. Jeffl I would ask you this question :
do. you take it upon your oath, that the sherifls
declared the election ?
Winst.. I decUare upon my oath, that the
sheriffs took the poll.
Serj. Jeff, You may guess pretty well what
I mean by this. First of all, I ask you, did
the sheriffs put the question ?
Winst. The sherifis took the poll. Sir.
Serj. Jeff. Nay, answer my question : did
the sharins put tlie question, or did any body
else?
Winst. Truly, Sir, I have forgot ; you were
there.
Serj. Jeff. I know I was. Sir: I know ver^
well : I ask you upon your oath, who was it
that decUred the election afterwards, upon
your oath ?
Winst. Truly, sir George, I do not re*
member. *
Serj. Je^ Mr. Winstanley, one went out at
one door, you say ; and the other went out at
the other, you say; now X say; who took
notice, and told the names of those that went
out at one door and the other ?
Winst. The two sheriils.
Serj. Jeff. Who else? --Winst. I cannot tell.
Seij. Jeff". Do you remember me there at
the great door, when tliey polled and went out ?
Do you remember who told them ?
Winst. No, truly.
Serj. Jeff. Pray, do you remember when
one Mr. Broome, a wax-chandler, was chosen
Ale-conner ?
Winst. I was in the hall ; but I do not
charge my memory with it. .
Sol. Gen. Whoisitgrants the poll when it'
is demanded ?
Winst. I do remember very well, sir Geoiga^
Jefferies was in the hall ; they demanded a
poll, and so went out.
Sol. Gen. Who grantedit^ '
3T9] STATfi TRIALS, ds CBarles tl. i6S3.—THal e/7%ma$ PtOiingion [^%i^
Winst, Thet\«09lierifl^.
Seiji. Jeff. I will put you a case nearer home,
Mr. Winstantey : You remember wben sir
Thomas Player was chosen chamberlain, when
"the question was put who should be chamber-
lain, between him and a gentleman 1 see not
iar from me ; Who, do you remember, ma-
naaed the poll then ?
iVinst. There was no need, sir George.
X. C. J. What do you mean to do with these
litte witnesses ? You call witnesses that know
A^idmig 6f the matter, or noAinsp to the pur-
pose.
Se^. Je^ My lord, let me ask him but one
<|,tiestton more : I know he hath been a very
|n«at evidence in this case ;■ I remember when
tbat gentleman was in for bridge-master ? Who
was the poll demanded of at that time ?
Winst. Truly, Sir, I think it was demanded
of the court.
Serj. Jeff, Of the court?
Wiast, Usually upon other days, tny lord
mayor, and the court come down : But upon
Aliusummer day they ao up.
Sen. Jeff, But I ask you, of whom the poll
was demanded at tbat time.
Win$t, I donH remember it, I will assure
ypu-
X. C. J. You told us that point would be
grantedi and you would not stand upon it.
Mr. Williams. My lord, where there are so
many men, there may be many minds : I
would have your lordship and the jury hear
them.
Mr. Jones, The government is conceroed,
Hr. Williams.
Seij. Jeff This is not a matter of mirth I
Win assure you ; it reaches the government.
Mr. Williams. My lord mayor hath the
Dowerof adjourning the hall, but not till the
business is done.
Mr. Thompson. My lord, I would^ut you a
case [Here Mr. Jones offered to interrupt him.]
Sure Mr. Jones, I ought to be heard. If my
.k>rd mayor hath power to call a common hall,
he hath not to adjourn it before the business is
4one.
X. C, J, If a writ comes to the shecifXs to
ehuse parliament- men, then thesheriils hare it;
but this is my lord mayor's office, he hath
p<2wer to dissolve and adioum.
Mr. Thompson. I speak to this case, my lord ;
1 will shew your lordship an instance where it
cannot be done. My lord mayor hath power
to call here, and he hath power to dissolve, say
thev : My lord, it cannot be, with submission,
in all cases. He hath power to ^1 an assem-
bly when there is a mayor to be chosen ; and
the citizens have a privilege to move their
mayor or continue him: Nowif itwciein the
power.of the mayor, and there should happen
a question, who they were? For, in a grtat
number' of electors, if it were in his power to
Mi^'um from time to time, he must continue
mayor.
X. C. I, It is jtlain he may do it for all vour
•bjection. Yookoow it tvas agreed by all sides
that sir Samu^ Stalling, the lord mayor, had
ivell dissolved tlie assembly, that is, in point
of law, and they could not say the assembly was
in being ; yet afterwards there was an actioo
brought against him ; and there they laid, how
that maHciously, and to the intent that he who
was chosen into the place of Brt(tee*master, to
which he was duly elected, shouldbe set spride,
he goes and dissolves the assembly, and deniel
to grant him a poll, which they ought to have
had ; yet for all that the asBemUy was well dis*
solved.
Serj.Je^ Conclude, gentlemen, condnde.
Mr. Thompson. That which I have to say is
a point of law.
Seij. Jeff Sir Fr. Winnington, if you design
to conclude, I tell you beforehand, 1 would not
interrupt you ; x^e will call a witness or two.
Sir /v. Winn. My 'lord, because we would
make an end, I will call two of those men that
came with my lord mayor, to shew that if there
was any I'udeness, those very people that came
^vith my lord mayor, were the cause of it.
Sol. Gen, That they that came with my lord
mayor caused them to stay after my lord was
gone?
Mr. Thompson. Mr. Jackson, pray can you
remember, whether any of the defendants
here were concerned in any aflh)nt to my lord
mayor, or who it was that my lord mayor
received an affront from.
Jackson. I did observe, my lord, as he went
ontof the hall, I took my back and set it against
the crowd, and had my face towards my lord
mayor ; and I was crowded so, that I could
scarce spe myself one way or other, but got off
the steps at last, and went home with my loitl
m^or.
Mr. Thompson. Can you say who struck off
the hat?
Sol. Gen, Where do you live, pmy ?
Jackson. I live at Charing-ci'oss. •
Sol. Gen. With whom?
Jackson. With myself. Sir.
Sir. Pr. Winn. What is your name?
Serj. Jeff, Don't you know the sword-bearar
of BristoCsu* Francis?
Mr. ThoTiq>son, Mr. Roe, were you her«
when my lonl mayor was crowded ? Who of-
fered any affront?
Mr. Williams. Pray will you give my lord
and the jury an account of what you beard,
and wYiete the disorder be^n ?
Roe. My lord. I was in Cheapside, and I
heard a ffreat noise of huzzaing, and a terribls
ttoise indeed ; and I met with a fellow rtmliii^,
my lord, and I stopt the fellow: What is tbs
matter. Nothing, said he, but an old fellow
riding skimmington and skeleton ; and in ths
street I saw a matter of a hundred with their
bats upon sticks, crying, damn the Whigs ;
said I, < Gentlemen, what's the matter?' said
they, < The work is done to stop the poll ;' and
that is all.
L. C. J. Hark you, were you in Guildhall f
Roe. I followed them a little way down the
street
«1]
STATE TRIALS, 35 Cfl A»L«f II. l6ea.-wwl Mors, fir m KM. [ttf
L. C. J. Hftfk you, did you sec Ay lord
nayor's luUdown upon the ffronnd ; and was
he like tobe thrown down ; did you see tfiat ?
Roe. No, I saw nothing of that ; I heard
such a noise, 1 was glad I ^rid of them.
Mr. WUUams. 9^ lord, we have no more to
say in the ffeneral ; all that I have to say now
is for my lord Grey. The evidence afifainst
my tord'C^rev, was, that he was here : Now,
m^ lord, we nave witnesses more particularly to
daend my lord Orey .
Au. Gen. We snaU call a witness or two to
dear what that gentleman said when sir Ro-
bert Clayton was mayor.
Seij. Jeffl Piiiy, gentlernen, Yet us have a
Gttie patience. Pray, my lord, if your lordship
please — Here is such a horrid noise — Upon all
the matter, I don't perceive, but sir Robert
daytoa does himself believe proclamation was
male by him ; he does believe the adjournment
was made by him ; but as to thea^joumment to
Monday, he is not certain of that. But if
your lordship pleases, we have here both the
sheriffe, sir Jonathan Rajrmond, and sir Simon
Lewis, that will shew the oonrt'wheiher tliere
was any such thing'.
Ati'Gen, Bemre Bethel came out of the
North, no sheriff ever pretended to it.
Sag. jejf. Pray, sir Simon Lewis. I de-
sire you would satisfy iny lord and the jury
coDoeming the adjournment when you went to
the sessions house in the Old Bailey : Did you
order the adjournment of the poll, or my lord
mayor?
mr Simon Levois. We came and waited upon
my lord mayor here, and told him they de-
manded a poilvnthout ; we took his directions
and my lord mayor did adjourn the court, by.
reason-that the assassinators of Arnold were
to be tried ; and by reason of that it was ad-
journed tin Monday, and my lord mayor and
the aldermen went thitlier ; but indeed we
were left as prisoners, and I received a blow
on my breast.
Att, Gen. Sir Jonathan Rajrmond, did you
pretend to have the power then of adjourning
the court ?
Sir Jan. Raymond. My lord did adjourn the
oonrt because of that trial, and then after-
wards we went upon the poU ; we were seve-
ral days upon it : We only appointed from day
to day till we had made an end ; and when we
bad made an end, wc declared it to my lord
mayor and. the court of aldermen ; anu my
lora mayor and the 'court of aldenaen came
upon the huntings,' and declared who it fell
upon.
Alt. Gen. Sir James Smith, when you
weresherid!^ did you pretend to have any such
power.?
Seg. Jeff] Upon ywar oath, did you pretend
10 have a power of adjourning common halls ?
Sir /. Smith. No, Sir ; we were sheriffs im-
medistely aller sir Robert Clayton ; I never
iieafd it ooestioned but my lord mayor had the
nebtof it.
Sir Fr, Winn. Sir Jonathan Raymond, I
8
Ank yoQ say flie sbanib d&d ai|iMai#«* day
today at that tkne ?
tifyr J.Raymtmd, WcoonldiiotiiiafceancMl
of polling ; aad we did appoint fivm day to
day tifl we had made an end of polling.
Com. Serf. My lord, I will give your lordship
an account of this whole day's proceedioffB:
We came to the hall, and after Mr. Recoi&r,
sir George Jeffieriesj had attempted to speak to
the hall, (fer tbey were in such a tumult tbey
would not suffer him to spcok) my lord UMf&r
withdrew: there was a very great ckooour
and iioiae;' bat at last tm question was
pot ; and I came up with the sbeitfb hither,
and aoquaiated my lord, that Mr. Bol^l «a4
alderman Cornish -had tho nMMt bnrib, oM
that there was a poll demanded betweoa Mr.
Box and Mr. Nicholson, and Mr. BcAd and
Mr. Cornish ; then the dispute lay as iielweeii
Box and Nicholson, and alderman OorMsh and
Mr. Bethel: I acquainted my lord mmir that
was, sir Robert Clayton, that Mr. Reoordor
said ho would not go down to make do^doratioD,
they would not hear him : upon that sir Ro*
hart Clayton took a panor and gare it to me,
with these very words : [It is the greatest
tumult I was ever in all my lite, and I have
some reason to remember it. J IVy'thee, says
ne, do yon make doolaratioB to them; for 'if
they will hear any body, they will hear thee ;
Sir, says 1, because it is not the duty of my
offioe, 1 desire your particular direction : then,
says be, toll them I must adjourn it tiU Mon-
day, because 1 most go to tlie Old Bailey, to
tiy the assassinates of Arnold : whereupon the
' hall was adfonmed, and in a great tumnlt, and
my lord mayor attempting to go^ out, he waa
benit back twice or three times ; he spake
something to them, and they went away, leav*
ing me and the sheriflb upon the hustings, and
there tbey kept us prisoners till six or seven
o'clock at night. On Monday, when we came
to poll again by his direction, I went to hia
, house, and he gave me direction to go with the
sherilis to adjourn it : afterwards there was a
court of aldermen purposely called, and, upon
their direction, I took 'the poll and kept it, and
every adjournment was made by his particular
direction to me.
Sir Robert Clayton. Gentlemen, I do desire
1 may explain myself, because I was imper-
lectly heard : some pert of the story that Mr.
Common Serjeant does say, I do remember,
and will tell you what I do remember of it. I
remember the coming up, and! remember,
Aat Mr. Recorder was uot willing to go down,
there was such a hubbub; I remember that
very well. The particular words I said to
him, 1 cannot charge niy memory with ; we
had discoursed. I remember the adjournment,
and we discoursed of the adjoi^mment below;
we made proclamation, but the noise was so
great they could not hear ; and upon my at-
tempting to go out, I was beaten back twice or
thrice, and then we were fain to let them know
the business we ^vent about as well as we
could, and then tbey let me go, and 1 left the
983} STATE TRIALS, 35 Chablbs fL i6BB.—TryilofTkama8
im [^M
■herifik Willi tbem to iffree of the maimer and
methods of polling. There were several ad-
joumroents madeulerwards ; I cannot charge
myself with it : I might be^ particularly con-
sulted ; butfor;the particular times of adjourn-
ment, I did not think myself concerned in
C>int of reputation ; if 1 thought I had been
ameable, I should have concerned myself to
hare giren more particular directions.
Mr. Thompton, If. your lordship please, I
have but tins ; admitting the right to be in the
lord mayor
L. C. J. Do you make a doubt of it now ?
Mr. Thompton, Admitting it, those gentle-
men that came to continue the poll, it is a
question whether they can be guilty of the riot
or not.
Mr. W • There are some itkree or four
of the defendants that have a particular case ;
that stands fay themselves ; and it rests upon
this point, Whether my lord mayor hath this
power or not ? For so much of the evidence as
concerns any noise or hissing, or any thing of
that, that relates to the time of adioumment ;
for it was done at the time of the adjournment.
As for Mr. Cornish, Mr. Goodenoueh, my lord
Grey, and one or two more, they did not come
till within some three hours after that, so that
they cannot be engaged in the noise, or that.
X. C. J. It is no . matter, Uiey came time
enough.
Mr. WiUiamt. We have done, my lord, with
(he fi;eneral evidenoe ; we have something to
say m defence of my lord Grey ; all the evi-
dence against my lord Grey is this, that be
was here about seven o'clock at night For
that, gentlemen, we say this; that my lord
Grey nad some business here, and my lord's
business was this; my lord Grey was here
about the sale of a manor in Essex with sir
William fSulston ; mv* lord, they had ap«
pointed this rery day for that business, it was
my lord's interest mightily to pursue it, and
sur WJHiam happenfS to be. at sir Thomas
Player's, and knowing this to be an election*
day, my lord dined that day at an eating-house
in the Haymarket, and afterwards came to
Peter's coffee-house, in Covent-garden, and
staid there till between four and five o'clock
hi the afternoon, when he thought the h«it
would be over; and then he came to make
inquiry after sir William, and took up in
Bruen's coffee-house about five or six o'clock ;
there he continued quiet in the house till all
the noise was over ; tben he sent to inquire for
sir Wm. Gulston, and hearing he was at sir
Thomas Player's, he and sir William went to
a tavern, and there they treated, and finished
the afiair., My lord, we will prove it; call
Mr. Ireton.
Ireton. My lord, I know that at this very
time my lord Grey was treating with sir Win.
Gulston about the manor of Corsfield, in Essex,
and my lord Grey and sir Wm. Gulston had
appointed to meet that night at the other end
of thetovk'n, if the poll were ended. In the
cveuing I met my lord Grey, who told me he
had been with sir Wm. Gulston in London, and
had dispatched the business.
X. C. J. Did my lord tell vou so ?
Lord Grey. He treated for me, my lord,
with him.
L,C. J. Pray, for God's -sake, you must
lay your matter a little closer together ; if be
was to treat about the purchase of a manor,
was there no convenient place for company to
treat about it, but while they were casting op
the poll-books with the sheriff and Good-
enough P Was that place fit?
Mr. Holt, My lord had appointed to speak
wifh sir Wm. Gulston that day in Covent-
farden, if the poll had been over ; but not
nding him there, came into the city.
Lora Grey, That ffeiitlemau went between
sir Wm. Gulston and f.
L. C. J. Where were you to meet?
Lord Grey, At the Rose tavern, in Covent-
garden.
X. C. J. What made you here then ?
Lord Grey. Not findinghim there, I came
hither, and spake with sir Wm. Gubton in that
very room. The poll was over, and the com-
pany gone.
Mr. WiUiamt. Mr. Ireton, Do you know
there was any treaty between my lord Grey
and sir Wm. Gulston about the sale of any
land ? — Ireton. Yes, Sir, I do.
Mr. Williams. When was that treaty ?
Ireton. About a twelve-month since.
Mr. Wifliamt. Do you know they had any
discourse about it ?
Ireton. Sir, they had ; I think it was Mid-
suiumer-day, the day the election of sherifia
wa^.
Mr. Williams. Were they about that treaty
that day T—Ireton. That day, ray lord/
Mr. Williams. Where was the treaty ?
Ireton. In sir Thomas Player's house.
Mr. Williams. What time of the day ?
Ireton. About 12 o'clock.
Mr. Williams. Where went my lord after-
wards?
Ireton. My lord went to dinner, as he told
me, in the Hay-Market.
Mr. Williams. Did you know of any ap-
pointment to meet again ?
Ireton. I was informed so, but cannot posi-
tively tell.
Wr. Williams. Sir Thomas Armstrong, Pray,
Sir, will von give an account where my lord
was that diay ?
Sir 71 Armstrong. I came up this way
about 6 o'clock, and was in a cofiee- house by
Guildhall.
Mr. Williams. Do you know any thmg about
that treaty.
Sir T. ArmstroTig. I saw them t(mther that
night. I saw them together at sir T. Player's
al^ut 19 o'clock, and again at 8.
Mr. Williams. Do you know any thing of
treating about this land m Essex?
Sir T. Armstrong. No, I do not.
Att. Gen. You did not see them in the
chamber?
285] STATET&IALS, 35 CHAELS6 II. I68d.--Mir olAer«, /or (V Jib/. [aatf
Sir T. Amutrong. Does any liody say I
in?
Lord Grty. My lord, I will gire yon an ac-
eoiint of il. '
Mr. Wiliiamt, My lord, Mr. Ireton tells yon
this ; my lord Grey and air WiDiain Gulston
were in treaty about buying these lands that
Tery mominff together; says sir Thomas
Anastroncf, about noon ; afterwards my lord
went to the Hay-Market, and staid there till
evening', and my lord and air William were to-
gether again at night. My lord, this case will
depend upon vofor lordship's directions. It is
rcTY plain, that my lora- mayor of' London
hath the sommaning the common-hall, and
when the business is done he hath the dis-
charging them. My lord, if it be true what
Mr. Love and others saj, they tell you, that in
all their time, their opmion is so, that it be-
Jsngetb to the sheriil&, and not to the lord mayor;
what may he the consequence, lies in your lord-
ship's opinion. Now for the conseijuenoe if
it were no more than a matter of opmion and
right, and the sheriffs insist upon it : Are these
defendants and the sheriffs guilty of these out*
ratpes i' For there is nothing proved upon them.
TSas don't make them gpuilty of any thing
more than a bare continuing tlie poll. There-
lore, my lord, I must submit to your direction,
how fur the jury will find us, or any of us,
guilty of a riot in this case.
Sir Fr, Winn. My lord, we agree they did
emtiiiue the poll, and the defendants did an-
prehtnd it was hiwful for them so to do ; if the
jury should think they did misapprehend what
was the ancient usage of the city ; if your
lordship should be of opinion, that by the law
the lord mayor ought to do it ; yet I do say,
k being so probable a case, their insisting upon
k will not make it a riot : Your lordship will
be pleased, 1 hope, to take notice of it, if they
find the mayor bath power to a<)joum it ?
Mr. WaUop, I humbly conceire, that the
information does, in truth, destroy itself, for
it is agreed on all hands, as the informa-
tion sets forth, that tbey came together
open Tery lawful occasions ; and the informs-
lioD sets forth, that by colour of their office
they did as if they were lawfully assembled.
Now, my lord, they have overthrown the de-
finition of a riot, for a. riot is, when three or
more are come together to do an unlawful act,
snd they do it. l£» that it is a very hard matter
to make this a riot.
X. C. /. Does not this matter appear upon
seoord?
Mr. Holt. No, no, my lord, it don't.
'Mr. Wallop, If men do lawfully meet tc-
geUisr, if by chance they fall togemer by the
eus, and commit many misdemeanors, this can
never be a riot. But, say they, here was an
a&oamoient, a command by my lord- mayor to
idjoura the coiiti, and they continue after
MHoomment: Now, my lord, the question is,
wjiether he had power to adjourn it or no, the
isifizeos did insist upon it, that he had no power.
Now, gentkmsD of the jury, if you nnd in
your conscienoe, that the citizens had a proba*
ble cause, and they insist upon it, this can never
be a riot.
Mr. Holt, It doth appear that tbey were
lawfully assembled together. And for the
tbrowiufi^ off my lord-mayor's hat, suppose that
my lord-mayor hath a power for to adjourn
the court, yet, my lord, it must be agreed, that
those that come uiither must have a convenient
time to depart ; for my lord-mayor, as soon as
ever he bad a^umed the court, be went away,
and all the hall could not go of a sudden, but
must have a convenient time to go ; some fol*
lowed him immediately, and the oiher gentle*
men that staid behind, not at all consenting to
that rude action about my lord-mayor, cannot
be guilty, for there is no proof ot any mis*
carriage committed by any of the^e defendants ;
it may be there was some discourse concerning
the power of my lord- mayor. 1 only mind
your lordship of sir Robert Atkins's case, a late
case in the King's-bencb ; there can be no as-
sembly to choose an alderman, as in that case,
unless the mayor was there; the assembly
wa2j held, and yet, gentlemen, because it was
not done in a tumultuous manner, but with a
good intent, it was held, that sir Robert Atkins
was not guilty ot a riot. There must be an
evil intention to do some mischief.
Mr. — ~-. Turner brought his action against
sir Samuel Starling for disolving the hall : And,
my lord, that being the case of the election of
a bridge-master, surely there is a parallel rea-
son for the sheriffs.
JL. C. J. That case is against them.
Mr. . No, my lord.
X. C. /. There the lord-mayor hath a power
by law to dissolve the assembly, though in truth
he should not hare done it.
Sol, Gen. The action was brought for deny*
ing a poll, my lord.
Mr. Tkomp9on, It is laid in that declaration,
that il is the custom of the city, that my lord-
mayor cannot dissolve.
Att. Gen. May it please your lordship, and
you gentlemen of the jury, you have now heard
all the evidence. [The counsel clamoured.]
L, C. J. Gentlemen, you shall not over*
rule me so: Because 1 am willing to hear
every body, therefore you impose upon me.
You shall have law, by the grace of Qod, as
far as I am able.
Attorney' General* We have now done witl^
the evidence on both sides, and you do now
see the right of the lord- may or, notwithstanding
all the vulgar and popular discourses is assert-
ed ; it appears now upon full evidence, they
themselves do not contradict it, that my lent
mayor is the supreme magistrate of this cily,
botik for calling aU your assemblies, and for
dissolving them ; they won't pretend against
this ; but indeed they make a question whether
my lord-mayor can adjourn or no. Necessity
of affairs requires it sometimes, if there be
such a tumult, such an interruption, that thej
cannot proceed orderly ; or if tne matter be so
long that they can't det^mine it in one day.
/
t87] STATE TRIALS, 55 ChablE9 IL l6s$.^1^ial of Thomaa Pilkingtim [3Sft
dMro is a BciccMntv that there miuit be an a4*
joimuiMot to another time ; and they give ^ou
no instances, ^^tlemen,- that ever the sheriffs
m any a^e did attempt it, never any sheriffs
made an adjournment of his own accord. Mr.
Lo?e, he gives no instance of an adjournment,
Mr. WaU^. And do it.
Att. (jen. And do it, I put in that too, 8ir«
The meetiDg here is unhwfu), and it is as cer-
tain that my lord mayor hath.^wer to adjounit
that is a consequence of bw, if the adjournment
be necessary, and he is the only ^a|^ of ad-
he only tells you of his supremacy at that time joumment ; and when he hath adjourned, I do
when my lord- mayor had notliingto do with say the continmng persons together to do tbat^
it; and, gentlemen, at that time you roust, wiiich if they summoned them to do had been
remember when he was elected, the law was 1 unlawful, is as much an unlawful thing, and a
otherwise «when Mr. Love was elooted ; then riot, as that. I would fain know, if the sheriifi)
the sheriffe wei^ the tribunes of the peopfe,and j had summoned all the citizens together to meet
they had shut my lord-mayor quite out of their ' and ch«)ose sheriffs, or any others, would any
common hall, and declared that ne had no power ; man question but this is an Qnfaiwful act, a sqIh
to dissolre or adiourn them. The next instance
is that of sir Rohert Clayton's, and how do they
make that out ? Sir Robert Clayton swears only
upon his own memory, and what is that ? he
remembers just nothing. He does think the
common serjeant does speak truth in some
things, but he can't remember other things.
But we prove not only an a^oumment from
Saturday to Monday, but other aiQournments
by special direction from sir Robert Clayton.
fiio tnat whatever Mr. Love did fancy of the
authority of sheriffs, to tell my lord-mayor he
kad nothing to do therewith ; yet that my lord-
mayor is certainly the chief magistrate, we
have proved all along to this present time, till
within these two or three years, and whenever
ihere was an a4Joumment, we have proved it
to^ou, that it was by my lord-jnayor. So that
it IS notlunf^ like the case put by the gentlemen
on the other side ; there was never any shadow
of pretence for right. Whoever knows London,
must know the sheriffs of London are not
officers of this corporation as sheriffs, but they
are the king's officers of the county, granted
to be chosen by the sheriff : They are m their
particular cases judges, for ehoosing jmrlia-
mept-men, but in no corporation act whatso-
ever : So, that, gentlemen, ^'ou see there is no
pretenee for that : But admit there were, what
IS it like the case when a man lays claim to a
wood, and he sends three for four persons, or
half a dozen persons to cut it down ? Yet, Mr.
Waltop, notwithstanding your authority, though
version of the ancient ffovemment of the dty,
the usurping an authonty in the city contrary
to the king's grant and the charter? And
afier they are adjourned, if they -will make
proclamation, and order the people to stay, and
f^ on with the poU, is not that the same thia^
m point of law? Surely no man almost of
common sense but will say, it is the saoM tfaingp.
In the case that Mr. Wallop puts, if there be any
disoixlers committed, precedent to the magia-
trate's dissolving the society ; that will not
amount to riot ; but if the magisftrale eomea and
makes proclamation for them to deport, and they
stay after, it makes a riot, if*they oontinoe still
together, it is a rout and an unlawful assembly.
But they say there is no proof that theaa
gentlemen, that are in the information, ar«
g[uilty of the riot ; they are all parties to the
riot, the very being there, dnd giving oounte^
nance to it, is an unlawfid 3iing. Pray,
gentlemen, if ten men should go to rob a
ouse, and one stands off at a distance, is not
the tenth man guilty of the burglary f If there
be as many persons toffelher, and three only do
an unlawful act, and the others ^ive proteotioa,
for number is always a protection, are not all
these gentlemen guihy ? And therefore, ||eiitle-
men, it is hoped you will settle the city by
destroy hig th» pretence, which hath beeii
Auttenng in the air, but hath no groand for
it.
X. C. J. Gentlemen of the jury, this is aa
information against several, for a riot, and k
that be not a riot, it is a rout, where you will ' sets forth, that there was a common hall that
send such a number to raise terror in the kind's
people, and they will continue together after
they are oommanded to depart by a ma|j[istrate.
But it is a different thing where men will con-
-ceni thenMolves in a matter of public govem-
■Mot, as if any man should pretend he hath the
Jong's commission to take your lordship off the
hcBch.<*-So that here is quite a different thing ;
this relates immediately to the ^vernment ;
Imw the publio peace of the city is in danger,
waA if ray lord mayor had been a person of
mat spirit, and has presently raised others to
MPO suppr e ss e d this riot, then the city had
Iwen in a flae ooodition, but these people that
sroidd have No Ood bkss the king, bat Ood
UsM Ae sheriils. There is no pretenee of
right oan jostify such a tbingp. Now, my lord,
for a not, thn must be acknowledfsd to
ha; for maaif ta meet togather to do an uii-
kwfol thing, la a riot.
was called by the lord mayor for choosing aO'-
vera! officers, and that afU*rwards the tord
mayor did dissolve that assembly, and yet not-
witnstanding the defendants (so many as by*
and-by I snail name to you, that they hav«
given evidence against,) they kept together and
committed a riot ; it is said so particularly in
the information. For the matter in fact that
hath been altercated between them, die question
is, « hether the lord mayor for the time beings
hath power in himself to call an assembly, ana
to dissolve it ? and truly as to this point, even
the counsel for the detlndants did one while
grant it, but another while did bring witnesa
that did know nothing of the matter, I moat
needs say. But for aught I see, oven until
this very time, the toid mayor did call the as-
sembly, and he did dissolve it, and that they
did seem to grant eren at the begkumg of tha
ftS9] STATE TRIALS, 35 Chahuss II. l6$3,^^mdHkm,for a Kki. [fpO
. thcY oouM not be ignorant of it, fieeanse tkf
daily practice before their eyes was for th»
mayor to doit. But this was a notion ffot intQ
tbeir beads though it was otherwise before, it
must be so now ; and one said, they would
have no tory mayor to be mayor; tiius th^
king should have something to do to support
the mayor by bis power, for aught I know.
Now, gentlemen, for the parties that ar«
accnsed to be in it, there is T. Pilkington,
Samuel Shute, Henry Colnaish, lord Grey,
sir Thomas Player, Slingsby Bethel, Franci9
Jenks, John Deagle, Richard Freeman,
Hicbard Goodenough, Kobot Key, John
Wickham,SamuelSwinock, and John )ekyl the
elder; some witnesses are to some, and
others to others, but some of tliem have seven
or eight witnesses. There is Pilkington, and
Shute, and Cojnish, these had a great many
witnesses against them; others have two.
First, for the sheriffii, and Mr. Cornish, that
had been sheriif-but two years before, they
kept them together after my lord mayor was
gone ; and to see what people they were, No,
not God bless the king, no, no, but the Pro>
testant sheriffs ; so that in truth the king must
be put out of his throne, to put these two
sheriffs in it. It is not proved, that either of
these did say so, nor the othei-s neither, but
they were those that clung to them, and they
would help them, and they would set them to
rights, and I know not what ; and there is no
other way to know in this case what they were,
but by these they kept compaoywith ; and it
may be, (I woulSi be loth to say ill, it may be)
it was in order to dethrone tlie king as far as
they could ; for my lord mayor, when tmly
he had adioumed thehaU, and was ffoing hbme,
he bad like to be trod under foot himself, his
hat was down, and that was the great respect
they gave to his majesty's lieutenant in the
city. It is true, it cannot be said who it waft,
but those were the people that would have No
Gk>d save the king, and those the mayor had
nothing to do wim. The sberifis they would
go on to poll I and cast up tbeir boeSks, and
would make, a disquisition who had most
hands, and the like ; three hours afWr my lord
mayor was gone, there were so many that did
countenance and foment this sort of proceed-
ings. There is a shrewd act that was made
since his majesty came in, that the vittany oN
some men might be stopped, lSth-14th of tba
kidg, that for words in some cases makes bisrh
treason ; it is well his majesty does not teSie-
any severe proaecution, but I can tell you, I
would not have men presume upon it. I|
can't be said, you, or you said so ; y«^ dwy
kept them ti^4her, they were they uiat kepft
all this rabbte three hoars together ; the lord
mayor does adjourn the court, and they moat
haVe some time to be gone, and thereupoa
would persuade us they could not get away in
three hours ; the^ ask for a poll, and 4;aat up
the scrutiny, and I know not what. There are
some, and thatis my lord Grey and Mr. Good*
enough, how these two should com^ there I
U
: But tfaeo they oaaJl^e a distinctioB, but
ht ooold not adjourn it to a certain time. That
was a very weak thin^ to say, that if the lord
mayor may caD and dissolve Uie ball, that he
caimot adjoom it to a conyenient hour. Sup-
pose now the business to be done was not diS'
patched aoonerthan this time a night,so that upon
the matter they must be either amotimed till to •
morrow, or kept in the hall all night : Does any
Baa think, that that magistrate Uiat hath power
S call and diasolre, hath not power to adjourn ?
ere b no man doubted of it m fact, or law ; and
that it was so, sir Robert Clayton did that very
thug* ; if th^e had be^ no precedent, it had
been all one. But they make a great deal of
fenaineBB of it, bow that the shenf& were the
men, and that the lord mayor was nobody, and
that ahews it was somewnat of the common-
vteaith'a seed, that was like to grow up among
the good com. [Here the people humm'd and
ialarapted my lord.J—Pray, gentlemen, thatis
a very ondei^t thing ; you put an indi^ity
i^aii the king, for you ought not to do it, .if
you knew yonr duty : Pi^ay, gentlemen, forlMsar
tt, it does not become a court of justice.
I will tell you, when things were topsy-
larvey, I can't teJl what was done, and I
would be loth to have it raked up now. They
m^glit as well (as I perceive they have at
aittuier time said) hare said, that the power of
diaaolving' and adjouminff might have been in
<he Uyery-nwn, all peopfe, every body ;* and so
then if they had been together by the ears, I
doD^ know, who must have parted them,
Oiat b the truth of it. But I think their
awn oounsel are very well satisfied both in. &ct
tad law, that the K>rd mayor, for the tiihe
leiog', hath this power of calling, dissolving,
and wdj^nsioig the assembly. Then there is
aootber thint^ that is to be considered, and that
m tfaJB ; the defendants they say, we did mis-
take liie law, it was only a mistake, oH the law
and nothing else ; and we dki do all to a good
intent^ and therefore it must not be a riot.
To give vou some satisfaction in that ; first, I
moat tell you, that a man must hot excuse
kbnself of a crio^ by saying he was ignorant
of the law ; for if so Be that turn to an excuse,
it is im^osible to convict any man ; if so be
he must be exoused because he did not know
the law, then no man would be found guilty.
But if it appear that the defendants did verily
bdiera that the law was ivr them, that may be
eoBsidered in another place ;. if so be that they
were really ignorant, the fine, it may be, may
he the leas, but it won't excuse thein from all.
But truly, in the next place, you must con-
sider, Wnether or no these gentlemen were
ignorant, or whether or no uiey did not, in
a tumultuary way, make a riot to set up a
nagistzacy by the power of the people. For
1 aniat t^I you, I have not nieard by the
drfaadantg, and I will appeal to your me-
OMry, i hare not heard, before this time, thai
fver Uie aheri^ did quarrel with the mayor,
•r oontinne a common hall after the mayor
V^ adjiramed it. Ai fcir thfse gentlemoi,
f9i] STAIIt TRIALS, S5CaAftLBsn.l68S^7U<d<7]bimPI2U«ff0ft l^
knownot, tbeyhad notbin^todo here, atid
therefbre I doubt it will be worse 0|m» tljem
than apoD the rest, for they had nothing^ Ui do
here, they most come to set the citizens toge-
ther by the ears. My lord Grey he says, and
he^ called some witnesses, that he had busi-
ness with sir Will. Gulston, about the sale of
Corsfield in Essex ; but I do not see any of his
witnesses that do say he came to speak with sir
William Gulston here, he came here to sec how
the poll went. But, look you, gentleman, he
hath ffiTen some sort of eridcnce, and the
counsel did open it very fairly, but the evidence
did not come fully. If you think he did
only come upon real occasions to sir William
Gulston, only to speak to him about that busi-
ness, and concerned himself no otherwise, then
you will do well to find him Not Guilty ; if you
do not, yx>u must find him likewise as weu as
the rest, for Goodenough Ke was here to pro-
mote the matter. There is one, and truly
he said, that for his part, as the rest would
have No God bless the king, so truly lie would
have No Tory -Mayor. And all tlus flame, I
must tell you, took fire from this spark, that
the sherifls might do what they thou^t fit
about choosing officers. Gentlemen, it bath
been a long tnal, and it may be I have not
taken it well ; my memory i3 bad, and I am
hut weak : I don't question but your memo-
ries are better than mine; consider your
verdict, and find so many as you shall think
fit.
The Jury withdrew, and in some time retmned.
Are you all agreed of your verdict ?
Jttfy. Yes.
Who shall speak for you ?
Juty, The foreman.
Do you find' the defendants Guilty of the
tre^ass and riot ? &c.
Foreman. We find them all Gnihyinthat
pa»er.
This is your verdict? — Jury. Yes.
T. Pilkinffton, 8. Shute, H. Comiab, lord
6f^, sir Thomas Player, S. Bctb^ F. Jenlos,
J. Ileagle, R. Freeman, R. Goodoioagh, R.
Key, J. Wickham, H. 8whiock, and^John
JekyI the elder, are Goihr.
Yon say they are all GmhyP &«.
Jury, Yes.
On the 15tb of June following, Mr. Attor-
ney-General moved in the Court of King's-'
Bench at Westminster, that Judgment m^t
be awarded against them upon their former
oonviction, in order to their being fined for the
ilot, 6ce, But ihe lord chief justice Saunders,
and Mr. Justice Raymond, by reason of their
indispoations, beinff neitfier of them on tiie
kesBch, Mr. Justice Jones, with the cotuwnt of
Mr. Attorney General, referred it <to the lOCh
instant, when Mr. Attorney again moved for
jtMlgmait, alledging the heinoosness of the
<vime, vhi. Tlurt it Was an open affront to jns-
tmMiimagi9tncy,aiidiDig^t prove an eril
precedent, if it shouU escape trnponlBh^d,
which he prayed it might not do ; but tbttC
since they had been fiurly convicited, the court,
in pursuance thereof, would award soch finek
as might deter others from the like attem}it8,
&c. Upon this motion Mr. Willianis, of coun-
sel for the defendants, mered, That seeing there
had first a Venire been dii'ecled to Mr. Pil-
kington and Mr. 8hute, late sheriffs of London,
and afterward an Alias Venire to the presenlt
sheriffs, and yet that in the information all th^
defendants were joined,' though, as he sug'-
gested, that at the time of the first Venire some
of them were nut made known, and that since
Mr. Pilkmgton, Mr. Shute, Sec. had appeared
upon the first, and many of the others not tiH
the second ; be humbly prayed, that an error
might be thereon assigned.
To which the King'is Counsel replied, That
if any prejudice was sustained iu the methods
and manner of proceedinsf to the trial of the
persons convicted of the not and battery, it wa^
sustamed on the part of the kin^ ; and seeing
he was Willing to dispense with it, that not in
the least aflected the defendants, unless in re^*
doundingto their advantage ; for that they had
a legal trial, all of them pleading not guilty,
imd putting them^ves upon their country, t(x
try the issue betvi'een the king and them, which
country had found ^em gnilty of the o f fe nce s
before-mentioned, And that now nothmg re-
mained bnt the Judgment of the court in
awttrdln«; their mies, &c.
To this it was alledged, thftt seeing they
were assembled in Guud-hall upon a hwfnl
occasion, thev eonid not be guilty of a riot, of
the like misdemeanor, tiie legality of their
first assembling not admitting thentof : hot
this allegation was over-'ruied for these rea^'
sons ; tluit although an lissembly be never so
legally convened, yet if they tumult or tireak
•the peace, the legality of the assembly cannot
bear them out ; and moreover, that when the
lord mayor had adjourned the polT, the as-
semlby was no longer a lawfbl assembly, but
ought immediately to have departiKl to tfidr
respective habitations, whidi the defendants
not only delayed to do, but in contempt of tn -
thority continued the poll, and in a rtotfttni
manner assaulted the person of the mayor,
Apd that for inference, if a congregation be a84
tembled at a church, to hear divine senrice,
which in itself is lawfViI ; yet if blows happen,
or a riotras or disorderiy tnmult is made, th«
legality of &e meeting shall in no wise esccusa
the authors of shch disorders froiti the penal--'
ties of the law^ &c. of which opinion were not
only the counsel fbr the king, but the judges
likewise.
These, and sudi-like, being the arfiromenti
of this day, Mr. Justice Jones being indispooed,
and Mr. Justice Raymond not coming npoifr
aebendi, the passing sentence was deferred
1 Friday the 2Snd instant, and firom thence
tSl Monday the 25th instant, at which time
Mr. Justice Jones being indisposed, it was put
off till Tuesday, tiie 36di of June ; when Mr.
S99} STATE ISIALS, ^Charles II. iCss^^mtd 0iker$j0r a Rki. [194
AMomcT BiCTttd for iwlyrnf i, imiiiiiiipi 'lliat i
fte Mrtiei faaai gviity JXfom tlM lubrmatioo,
jm|B^t Im fined $ ftiid was jfinniwiwi by Mr.
togeeni Jefferies; both of tineiii praying diat
Ihey naigfat hare good fines aeC on them, aa
an caraniplp to deter otherB firom xkn^ like at**
tennlii ; as4dao did Mr. Jooea, pf couDael for
die king ; when, on the other side, sir frands
Wimiii^n, Mr. Wilhams, Mr. Wailop, Mr.
Poliezfen, Mr. Thompson, and Mr. Hdt, of
csDonael fat tfie defendaiits, mved many ar^-
Dwotn fin* the eitenaatipn of ittii& fines, seeuig
they iirere at the mercy of the Court, alledg-
ing, dwt the defendants did.th^l of which
they were convklBd. rather out of ignorance
thoB malice, qk vukj design they had to injare
oraflronAthe gOTemment; aa not being then
capable to detmune, whether &e right to ad-
journ the common irall lay in the lord mayor
shen<&. But alter the aigumrnts on both
To the KING'S most EKeelteiit Ma^ty:
The humble PETITION of Sir THOMAS
Mf^&INGTON, kut. Lord Mayor of
fjonaou, Slingsby Bethel, esq. iSakmiel
Swioo^k, Jomr l>eiigle, Richard Free-
man, John JeW^ John Key, and John
Widdiam, in behalf of themselves, and of
the respecUTe Executors and Adminis-
trators pf sir Thomas Player, kt. de*
ceased, Htiory Conusb, esq. deceased,
Samuel Sbute, esq. deceased, and of
Francis Jenks, deceased.
. - ' ■ *
<< Shewetii ; That your petitioners, and th«
said deceased persons, were, in the year 1632,
and 1683, by tne co^triraace and oonfederacy
of sir John Moore,, kt. SirlWley Nartli, kt
Sir Pteter Rich, kt. Sir £dmiiod Saundenhkt.
late Chief Justice of the King's Bench, and
sides had beoi heard, Mr. Justiee Jones pro- some others, pros^ted and oonneted for a
oeededto dechure theheinonsoeaaof the fact,
aad what an eril precedent it might prove if
h dxMiUl paas unpunished; apd '•after. some
ee nfeicn ce with Mr. Justice Withens, he pro-
oeeded to award their fines a& folioweth :
On Thomas Pilklngton, esq. by Reason of
his being .a prisoner, only 500iL S. Shute, esq.
1,000 marks, Ford k)fd Giey of Werfc 1,000
raaika. Sir Thomas Player, kt. 500 marks,
Shngsby Bethel, esq. 1,000 maska, H. Comidi
},000 mariu, Francis Jenks 300 marks, R.
Freeman 300 marks, R. Goodenoa^^ 500
mariDB, John I>eagle 400 marks, Robert Key
100 marks, John Widduun 100 marks, S.
Swinock 500 marks, and on John Jekyl, senior,
900 marics ; all of them appearing in court,
eaoept the knd Grey, Mr. Key, apd Mr.
Goodenoogh, and aocording as they appeared
to be of ability^ ao were their finea rcgu-
iMed.*
This Judgment was afterwards rerersed in
pariiament, 1 Wil. and Mary ; and the deien-
^imts petitioned, that the prosecutors and
judges noight be eacoej^ted out of the then in-
teaded Act ^ Grace.
.' * It appears from the account of this judg-
ment pnbhshed bv Langley Curtis in 1683 that
« the same i%y in the Court of King's
Bench one Tlitx. Turner of Rye (in Narcissus
Lattrell's " Brief Historical Rektion" be is
called Mr. Tume the pretended mayor of
fiye) in the county of Sussex, was fined 200
naiKS for making a riot upon the mayor of the
aid town, ^d ^o of the town officers fined
SO maiks each for assisting him therein, and
ilrictly commanded to deliver the ensigns of
& mayoralty, which he had seized mto bis
l)uid8 under pret^ce ^at he had been elected
major of Uie said corporation.
8se, also, in this Collection, . a. d. 1684, the
Tiiil of Sacfaei^ereU and others, fi>r a. riot at
Nottiagham in oppontion to the new charter
iriijchhad beeo granted to thattowft.
riot ; the fact objected against th«n behiff no
other in tm^', than the peaceable doipffdMir
duties as citizens of liondon and Englimmen,
in eloctioo of sheriffs for the said efly and
pounty of Middlesex.
** That in the proceedings upon the said pre-
tended riot, many notorious viokuions 6f the
law wete committed, voA vour petitioners do*
nied coinmon justice by me ootnbination and
conMeraoy ot the persona last abore-uMMdy
and others ; insomuch that your petitioners,
and tiie said deceased defendants, were by
judgment of the Court of King's-Beneh, hi
Trinity Term 168d/nnrsaaonably fined 4,100A
axHi were, by imprisornnent and otherwise,
forced to pay the same ; which sum of 4,100/.
was long since paid into the Exchequer.
" Th« at your petitioners prosecution, the
said Judgment was revctsM, the last pariia-
mont, as erroneous ; whereby ^ur majesty
sljmds by la# liable to make restitution or tlie
said sum of 4,100/. as your petitkmetn are ad-
vised.
^' Now forasttudi as your majesty's go^
neroua undertaking in coming into this king-
dom, tended only i& the vindicatilig and esta-
bKriiingour religion, laws and libertieo, and far
rdiering the oppressed ; and fiir that it is agree<»
able to equity, that such as did the- wron^
should make the restitution: and your peti-
tioners hoping the parliament now assembled
will take thie whole matter into their consi-
deration, and pass a bill lor relief of ,your
petitioners .out of the confederates estates,
and not leave them to be satisfied by yoi>r ma-
jesty:
«« Your petitioners therefore humbly be-
seech your majesty, That the said contedemtes,
the presectitors of your petitioners, and tho
judi^es, and others concerned therein, mi^ be
excepted in the Act of Gi-ace,* intended by
*ThisActof GraceisSGtd. andMar.st. 1,
c. 10> but there is no such exception in it, only
of sir Francis Witheo^ who was excepted upon
other accounts.
igs] STATE TRIALS, 35 Chablbs II. 1$8S.— 7W«I «/ Tkomtt Pii
[20^
your mso^sty, as to all they did in relatioQ to
thdB urosecotion and judgment upon the pre-
tended riot above specifi^.
<* And your petitioners shall always pray,
&e.»
On the SSrd of January 1690, sir Peter Rich
attended in his place, according to the order of
the House of Commons, upon a Petition from
sir Thomas Pilkington,* lord may<Mr of London,
and others, who were fmed on pretence of a riot
at the election ot sherifis for the city of London
in 1682. The Petition Was read ; and sir Peter
Rich was heard, what he had to say in his
own defence. Ailer which a motion was made,
That leave be given to bring in a bill to make
reparation to the lord mayor, and the rest of the
petitioners, out of the estates of the persons
mentioned in the petition.
Sir Tho. Clarges, I advise, that this judg-
ment against my lord mayor, and others, may
be reversed by vrrit of error. Where will this
end, to bring tnese things into parliament, which
may hare remedy ^el^vhere ? What a flood
will you bring upon yourselves in these things?
The troubles began not in the times of tl^se
gentlegi^n. I doubt, whether these have been
any lawful sheriffs of London these seven years,
ever since the charter was taken away. We
have had great revolutions, a king alxlicated,
ffreatwars uponns, andwhy should these things
be brought upon us to treble the people ? I
cannot enumerate the consequences. Tnis will
be an occasion of great iiieonvenienoes upon us.
In tbe late usurnatian, lord Capel, lord Ilolland,
ool. Penniddo^K, and others, were murdered,
and yet those who sat upon them were par-
d(mea ; only some few examples were made,
of the most execrable, for quieting the minds of
the people. At this rate, we shaU be a court to
f' ve daiiia^ea out of one man's estate to another;
would rgect the bill.
Sir Henrif Cupel. I observe, that arguments
are used against this bill from the indemnity in
12 Ch. 2. which was occasioned by a time of
great nusery ; but that was not the case ; it
was then a civil war, brother was against bro-
ther. That case is outof doors. It is said, these
* *' Pilkington wap sheriff of London in the
year 1682 ; an honest, but an indiscreet man,
that gave himself great liberties in discourse.
He being desired to go along with the mayor
and aldermen to commiment the duke upon his
return from Scotland, declined going, and re-
flected on him, as one concerned in the burning
of the city. Two aldermen said, they heard that,
and swore it against him. Sir Patience Ward
the mayor of the former year, seeing him fp
into that discourse, had diverted him from it,
but heard not the words which the .other
swore te : and be deposed, * That, to thejbest
of his remembrance, he said not those woids.'
Pilkington was cast in 100,000/. damages,
the uKNitexGeaufe that had ever betn given."
BumaL
gentlemen may find remedy in Westmtnfter*
ball. If that was the case (as it is not) I think
this house has the liberty, insuch a case of im-
portance, to tiJce notice of it. You have been
told what was done in the time of Lord Sbatls-
bury, and in Air. BetheVs, but it was lord IUi»-
sel's case then, and now it is time to make an
example.
Sir John Chtite. Yon are told, < We must be
riided by the indemnity m Ch. 2nd's time.^
hope we shall ever be at liberty of judging^
whether thm|^ are well or ill dane. There has
been somethmg said by a member that a little
suriMrizes me, * That if you brinff a bill to do
rignt in this case, a court may be erected to
give damages out of one man's estate to ano-
ther.' There are crimes that excel others ; do
you know any thing of a greater dqpreethan
this ? Where was Acre more violation of tlie
laws, than in taking away charters ? And where
more of charters than London? if you will go
rn matters, and not persons, must not this of
rters be one ? Tliere are mixed cases in
these thin^ upon the public, and upon iier-
sons. This is an extraordinary case, and there
must be sneh remedies applied, that no suck
thing shall be dared to be attempted for the
future.
Mr. Howies, I have some reason to under-
stand this case. I had leave from this house to
attoldthe lords in this case, to reverse this jud|p-
ment by writ of error. If the' king must give
this damage^ (at whose sait it WBs)-you must
give it him again. Will you make satisfaction
m the bishops case ? lam for that too, to every
person coneemed. There is no remedy but
nete, and I am for retaining the bill. A parlia-
ment was anciently called every year, or ofiener.
The parliament then was a court of justice, to
relieve on extraordinary occasions. There were
juries over-awed by judges : Bethel and Comida
took another course, to find honest men ; this
was complabed of, and they must have new
juries anaofiicers, and lord Russel suflered upoa
it. You have the indemnity of Ch. 2. men-
tioned. This is nota bitf-of punishment, but a
bill of satisfaction, to value wrongs they have
done ; and you may pardon them for the crimes.
If you ask the value of the affection of fether
and children they cannot tell what they are ;
go asiar as you can, if these are faulty, and the
petitioners may come for satisfaction. It' is a
reasonable bill, and I hope you will accept it.
Would you have a return to what you are deU-
vered from ? It is a just bill.
Mr. Hampden. We have a great matter be-
fore us in debate, because it is so extraordinary.
This matter, it is true, does relate to"a common
indemnity ; but, I think it is not promoted by
justifying every thing that has been done,,nor
punishing, but to prevent, for the future, tbe
sante thing again ; and that, if there be not this
bill to deter men,- they may fall into the same
offences. Some men call this < a punishment,'
and some, * a reparation,' but it is in a tense
both. Some satisfaction and renaratioo onglit
, to be made these persons tooonfing to natund
197] anrATE trials, 55 CaAmLBS IL iGB^.^^-^d dkertjm' a Rioi. {^gt
jintite, bat H is one thing what a nuui in con-
sdoice ought to ilo, and what yon ocMopel him
to do ; H is one thing what a man in strict jas-
tiee ia boond to. To make men pay a sum by
sach a law, I eannot readily consent tcvit ; I
hare heard, nothing fuUy to satisfy me. This
mly, is an injury done, and, in conscience,
they are bound to make reparation. That of
Annstreng was a just judgment of r^Miration.
Corruption is not taken in that timited sense of
* taking money :^ corruption is taking a place
of 1500/. per ann. In a common case, brave
men, soldiors, condemn a man for ddivering up
a castle, or fort, because he is afraid to keep
it; and they should have known that before he
nndertook to keep it. There needs not com-
mon-law, nor statute law, in the matter; it is
agamst common sense. If you say there is no
other law, you will quickly be distinguished out
•fall your liberties. I am of opinion, therefore,
*' That the petition for leave to bring in a bill,
to make reparation to my lord mayor, and the
rest of Che petitioners, from sir Peter Rich, and
otheis, do lie upon the taUe ;' but not to go
bsrdy off so, f Vmt tney have done notoriously, and
I cannot believe that men, able to make a
common bargain, should give up their sense and
reason in that manner. This was not done only
against the city of London, but against the
whole kingdom, and if^ou are not bound to
^ve particoiar reparation to the |>erBons in-
jured, you^ are to the public, and m the mean
time^ to remove the person, sir Peter Hicb, from
your company.
Sir Christ. Muagrave, When a bill is brought
in for satisfaction of injury done, it is strange
that a gentleman should start another question.
If yon talk of removing people, it is a strange
Ihmg. Reep us to a question. This Petition
sets out * that the petitioners can have no re-
medy in the exchequer,' and you are told of the
pni&nce of it. Will it be au act of prudence
to give reparation, when they may have it out
of the exchequer ? The question is, whether
tfa^ shall have a bill, or not a bill P
The Petition was read, and Musgrave was
■Dsiaken in tbe contents.
^ Sr Robert Rich. I see nothing in tbe petition
as is alledged. I see, virtue is virtue still,
tfaoogfa it wants encouragement. It is plain,
tbo nelitiooeis can have no remedy but here,
but ty an innuendo; therefore pray put the
questiOD.
8eQeant Maynard, If these gentlemen will
thruil tbemaelves into the office of sherifib, and
have Hiade returns, they have meddled with
wbattfiey had nothing to do. Whether right-
fidly sheri£&y or de facto only, that alters the
caie. Whenever you will have jtistice against
thekiug, yoamustgoto the exchequer for it.
Jierer sn jbogIi injury, and no remedy there ?
When they come there, the barons arebonnd
to give judgment in restitution. Th«r only
way is ta send out a Mrrit to the tally-offioe ^
pay the money . Upon the whole matter, leave
them to have their nberty to have an action of
law.
The question for bringmg in a BiH to make
reparation to the Lord Mayor, and the rest of
the Petitioners, oat of the estates of the per-
sons mentioned in tlie petition, was carried in
the negative, 169 to 163.* [4 Cobb. Pari. Hist.
341.]
* The free election of officers, particularly
sheriffs, in London, has always been a subject
of much jealousy. See the Case of the Quo
Warranto, vol. 8, p. 1039, of this^CoUeotion.
See also- London's Liberty in Chains disco-
vered, and the Postscript to it ; both pablished
by John Lilbum, in October 1646. Uindon's
Liberties, or a learned Amiment of Law and
Reason, upon Saturday, December 14, 1650,
before the Lord Mayor, Court of Ald^men
and Common Council, at Guildhall, London,
between Mr. Maynard, Mr. Hales, and Mr.
Wilde, of counsel for the Companies of Lon-
don, and major John Wild man and Mr. Joha
Price, of counsel for the Freemen of London,'
wherein the freedom of the citizens of London
in their elections of their chief officers is fiilly
debated, the most ancient charters and records
of the city examined, and tbe principles of just
government cleared and .vindicated. Published
1651. The Liberties, Usages, and Customs of
the city of London, confirmed by especial acts
of parliament, with the time of their confirma-
tion,, also divers ample and most beneficial
charters sfranted by king Henry the^tfa, king
Edward the 4th, and king Henry the 7tb, not
confirmed by parliament, as tbe other cbarten
were ; and where to find every particular grant
and confirmation at lar^e. Published 1674.
The Privileges of the Citizens of Loudon, con-
tained in the charters granted to them by the
several kings of this rodm, and confirmed by-
sundry parBaments comprehending the whole
charter, only words of torm left out. Now,
seasonably published for general information,
upon the occasion of the Quo Warranto brought
against tlie said city. A Modest inquiry, coo-
cerning the election of the sheriffs of London,
and the .right of chusing demonstrated to be-
long unto, and to have been always adjudged
to reside in the lord mayor, the court of ai<fer-
men, and the comimwi ball. The Lord Mayor
of London's Vindication, being an answer to a
pamphlet entitled^ *' A Brief Collection out of
the Records of the City, touching tbe electioii
of Sherifis for tl^ Cityof London and County,
of Middlesex," &G. The last three published
in 1683.
299] STATE TRIALS, 95 CiiABi.B8 II. l$ad.— 3Vb/ 0/ Sir Paiku$ Ward, [50O
892, The Trial of Sir Patience Waed, knt* at the KingVbencht
for Perjury at the Trial between the Duke of York Platntiflf,
and Thomas Pilkington, esq. Defendant^ on an Actionf upon
the Statute De ScandaUs Mognatum : 35 Charles IL a. d«
1683.
The Jury were, Sir Tk^mas Biidi(«s, kt
Henry ReyneU, Thomas ileixiott, Thomas
Airsby, Ridiard Paffet, John Foster, Tbemae
Eaglesfield, Edwara Maplesden, John Sharp,
esquires. James Suckle, JobttOHngna', Richard
Fisher, sentlemeD.
An Iinormation bad been preferred by the
Attorney General a^fainst sir Patience Ward,
for that he had maliciously and witiully per-
jured bhpseil* in the court of King^s-bench,
* See sir John Haivles's reference to this
Case in toI. 8, p. 442.
. t '^ In this action the duke of York had re-
covered 100.000/. damafi^es.*' Former edition.
Of this trial between the duke of York and
Mr. Pilkington no circumstantial report has
been found; notwithstanding it appears from
Blaney's testimony in this &ae that he took
■mes of h. Sir Kichard Bulstrode ^em. p.
381) says, ** The jurj^ were all gentlemen of
eniasty of Hertfordshire (which county Mr.
Pftkingrton had chosen) and they stive his
foyal highness 100,000/. damage, which will
doubtless teach tfactieos persons, who have lived
«f late with so much licence in their discourses,
to govern their tongues better.*'
Narcissus Luttrell (MS. in the library of All
tSouls' college, Oxibrd) thus mentions the trial:
«< N9V. 4tb, 1688. The duke of York hay-
ing some lime since brought a Scaadalum
Maguatom against Mr. Pilkington, for words
ppBtonded to be snoken, and the same is to ceaie
to a trial at the Ring^s-beoch bar this term.
f < Nev. 94th, was a trial at the King's-bendi
bart in an adieii of Soandalum Mmnlnm,
brodght by Uie duke of York against Mr. Pil-
kington, lite sheriff ef London, for words
spnlbeD by the said Mr. PiUoMfton ; it was
tried by a jury of the county of Hertford; the
worda were, * He had bamt tbe dty, and was
< D#w come to cntthe cttizfens throats.' The
words were positnreHr sworn by sir Heniy
Tidse and sir Wm. dooksr, two aldermen of
London, to be spekeB at Guildhall, at a nieeting
of the eourt er aMermea, ia order to wait on
his malesly to eongretalate liim an his safe re>
tarn mm Newmarket, and the duke on his
retani from Sc o tland .
> ** Mr. PUkngton made very little defence,
so that the hbrd Chief Justice told the jury
that if they believed the evidence, they must
find for the plaintiff; so t^at the jury* after
coing from the bar about a quarter of an houi,
found for the plaintiff, and gave 100,000/.^a-
mages, the full daniagea hud in the declara-
tion."
upon the trial between the duke of York, and
Tnomas Pilkias^on, esq.^ to wUcb the de-
fendant pleaded Not Chulty, and waa tried
May 19.
Cryer, Oyez r Ifany man will give evidenen
on the behalf of our sovereign lord the king,
a^inst the defendant rir Patience Ward, let
htm come forth, and lie shall be heard.
Mr. Dolben. May it please your lordslup,
and yon gentlemen that are sworn. This is an
information of Penury prel^rred against sir
Patience Ward. Whereas the most Sluslrioua
James duke of York brought an action c^on
the statute De Scaadalis Magnatum agamst
Thomas Pilkington, wherein was dedared,
that/ whereas he was the only brother to oar
sovereign lord the king, the said PiHdngton
did speSc iu the hearing of divers ef his ma-
jesty's liege subjects, these Icdse and scandalooa
words, < He hath burnt the city,* (meaning
the citf of London) * and is' (meaning the arc
duke) ' come to cut our throats.' Gentlemen,
the inibrmation sets forth further, that the de-
f4»daBt Pilkington pleaded he was Not Gkiilty,
and that upon tne tnal of this issue, sir Pa t ie nc e
Waid was produced as a witness upon the be-
half of the defendant Pilkington ; and that the
said sir Patience Ward then and there was duly
sworn to s[ieak ^ truth, the wbde HwAi, ana
nothing but the truth, in die nremises ; and
thatthe said sir P. Ward did Msely and eor-
niptly swear and give in evidenee to the jurors
empannelled to try the issue aforesaid, ' That
* there was no mention at the time of this dia-
* ooone aforesaid had between the said Thomas
< Pilkington and divers of his mije^y's soh-
ejects, concerning the said James we of
* York, that there was no mention ef en(tiD|r
< of throats, and that before Mr. PilkingtOB/
dttg the said Thomas Pilkittgtea) ^ camt
(meaning the time when the diseanri|
aid was had) * the discourse abont the
« duke of York was aver ; and farther, that
' the duke of York was not named,' (mean*
ing at ^t time when the (hsoomee afr c e s ai d
was had) whereas m truth at Ui^itfmeiioae
there was mention of catting of 'ihroats ; aad
whereas, before Mr. Pilkin^eik Caftne in, the
discourse conceraing the duke of York was net
ended ; and whereas the said di:dce ef York wan
jiamed at the time when die di^dc^itse afore-
saio was had, so that the said ^ir Patienon-
Ward in the case aforesaid did commit wilful
and flat perjury.
Attorney General (sir Robert Sawyer). My
lord, and you sentlemen of the jury, ^r Pa-
tience Ward tne defendant stands accused for
perjury, committed in a cause, that was be*
m«
STATE TRIAXS» 35Chablbs1L i6S3.^f&r Perfmy.
9011
timtbeiiikBof YwkpteiDliff, andMr.Pil-
tdmgtoBL defiBodaol, and in Ibmft cave Mr« Pil-
kiogtaa was acOTsed to have apoken false
wwds of flie duke of York, < He bath burnt
' our city, and is come to cut oar tbroats ;' to
ewsae tbia, sir Patience Ward he comes, and
sweaiB poaitiTeljr, first, That the duke of York
was not mentioned in tho discoaise, and there-
fore those words could not be meant of the
doke of York ; this little evasion we do not
trouble you with ; but tfa^ related to one Hu<>
beat, haittcd many yean before ; howcFer we
wOl lay that wide, and not trouble you with it.
Tbe next dunect matter, which proves it was
mafidoosly done, tbat he was so ill a man, and
that he had spoken such words, he swears,
Tbat all the discourse relating to the duke of
York was over before Pilkin^n came into the
room. This allegation is directly false, he
swears poaitivdy, * there was no mention made
< of cutting throats.' Gentlemen, we will first
ytowe unto you the words ; then we will prove
unto you 4a^ they were folse, for Pilkingfeon
iKd speak these words of the duke of York.
CSemfiemen, we will leave it to tou whedier
tins gentleman hath not forsworn nimseJf.
Serf. Jdgtriu, If it jplease your k>rdship,
and you gentkmen of the jury, I must needs
«^, tiiat this is a cause ot very great conse-
quence of one side and the other; it concerns
a very great person, a man that has been lord
mayor jof London, and I think is still an alder-
iBttiof liondon; it is in its own nature of very
great consequence, it is no less than the cbarg-
ing him with the crime of vrtlfnl perjury ; it
romcs to a public audience, as it was very re-
qowte it should. Tbe crhne we chttr^ this
leman with was committed in this veiy
», in the fiu» of this court, and I ^ink to
admiration and astoniafament oif aU perMns
that heard this gendeman swear at that very
time: and therefore, that the thiivmay lie
biteffigible to these gentlea^, I Aall crave
tour mrd^p's patience, to give an account
unrthiamMerwas; Tins matter was attended
widi ctpcumstances of maKoe, which shew it
VIS not a stip in evidence, but a malicious per-
jVBig hiniaelf, gentlemen ; and tiiey are these:
Upon his royd highness's return out of Soot^
lead, and coming to Newmariket to his mi^esty,
a vCTy loyal ffcndeman, then lord mayor of
London, sur John Moore* by name, with some
odier persons, that I hltve m my eye» had it
io project, as it became them to do, to so
gnat a prince as he was, to wait upon him.
fty lord, tiiCK being this design of tiie alder-
men and lord mayor to attend upon his royal
higbneas, to congratttkkte his arrival from ScSpt-
laad ; in <»der there to, vpon a special courtday,
iKA was an order made, that the lord mayor
andildemen afaoidd attend his m^ea^, to de*
Melns lettn! , that they ndght come and at*
lend fikewise bis royal highness, to congralO'*
htfe luB late arrival. This I think was vpon a
* See Northip meae^ of him, p. 188> #r
this Yolume.
[3oe
special court, before they went-to church, upon
a Sunday. In order to this, there happened
another meeting of the lord mayor and alder-
men, » to prosecute this design of their's, to wait
upon his royal highness, to rongratulato hia
anrival ; and thereupon an intimation was given
to sir Patience Ward, with one of the sh€riffi^
Piiklngton, of their intentions* At which time^
sir William Hooker, and another worthy gen-
tleman, sir Harry Tulse, happening to be to*
getiier in a place, ^which I presume some oT
you do wdl know, in the long gallery or anti*
chamber to the council room, where the lord
mayor and aldermen most usually sit, scmto
discourse arose touching the ocoaaion of their
then meeting ; whereupon a question was pro«
posed, Whether thev should wait upon iiia
royal highness or not r One of these gentlemeQ
was pleased to say, at that time, that it was ^oo
late now the court had determined it, there be*
ing then present this sir P. Ward, and these
two gratlemen alon^ with Mr. Pilkingt^n then
sheriQ^ who, in obiection to tbe proposal of
waiting upon the duke of York, (after this di»t
course was over, and after they had mentioned
the duke of York's name to him) said, * He
* hath burnt the ci^, and is now come to cut
* tbe throats of our wives and children.' This^
gentlemen, Was to deter and fright the otbcn
from going, and given as a reason why he
would not fl^ to attend the duke of York. My
lord, this tmng happening thns, an actiiurwaa
brought for this, and came to a trial befora
your lordship. It is very true, in that trial wa
did only produce sfar Harry Take, that wai^
present, and he swore to all the words abom
* homing tbe city,' and likewise to the < cutting
' of throats.' But sir Patience Ward, without
any mannte of hesitation ; nay, and not only
that, (I appeal to ^ memory of those tbat
heaid him swear at that time) but boasting
himself, as having as good a memory as any
man in England, (though he was cautioned at
that time to have a care what he swore) did
positively say, * The duke of York waa not
* named after Pilkington was there; thattha
< discouTBe of the didce of York was done be-
* fore he came in.* He doubled his evidanco
on purpose to make tbe thing moi'e plain. But
afterwards, when it came a littie frvtfaerto ba
disoaursed of, I appeal to the memory of the
court, and the gentlemen at the bar, whether
he did not flutter about in St. James's Bark,
and out comes Hubert ; the duka of York waa
not aan^, but Hubert, Hubert^ I elaj^ped my
band upon his mouth, says f , you jnam Hu-
bert, and ao we had got Hj abe r t into the causa
on purpose to shuffle out^e business about
the duke of Yorlc My k)id, after this (I do
it to refiposh the menort af ihe#e jfentlemdi)
be sraa positive, asdaaiia, < I do positively say,
* there was pat a word of ctitting of throats,*
ef^tolhesarprite not only of all the audi-
tors, but even of all those people that wera
concerned hi aflbetion for him^ -a^ well as they
who were engaged in the cause ,that they wera
toauppaK. ilylord,iathefix8tphaa,wawi&
SOS] STATE TRIALS, 35 jCu arlbs II. l'6$3.~rrta/ «^ Sir Pailmce Ward, [SM
gtvte you an aocount, that it was a desired * pradict.' Now if the fint had been * Anoo
and malicious eridence, necessary for the bring-
ing off that man, for if there was not a word
tnoken of the duke of York, then our ac-
tion was no action ; if there was not a word
qioken of ' cutting of throats,' then, of oonse-
/quenoe, the verdict must have been against us ;
and therefore finding there was but one evf-
denoe, which was sir Harry Tulse, against his
evidence, that nuule him swear so positively ;
but afterwards your tordship may please to re-
member, we called sir Wm. Hooker (a gentle-
man of well known integrity) to preserve the
credit of so great a prince, maiigre the malice
of «aU his enemies. I speak this to shew it is
1^ it is necessary to clear this cause. In the
fiimt place we will prove what is recited in this
record, and give you an account what this per-
son did swear at the time pf the trial. The
matters, that I have opened, 1 think they will
sufficiently satisfy the court and the jury, as
they dM satisfy tiie jury beibre, that what sir
Patience Ward swore then, is false now, and
is fiJse then.
The Record of Pilkington's Tiial read.
8eij. Jejgs: Read the Information. The Re-
cord was ' Anno prsBdicto,' but when it was
'recited in the Information, it was * Anno ultimo
* supradKto.'
Mr. Ward, It is necessaiy, when we come
by way of recital of the record, to recite the
very words in the record, now in the record it
is ' Anno pnedicto.'
> Mr. WitlUms^ M^^lord, they are reciting
the record.
X. C, J. (sir £dm. Saunders). The^^ do not
recite it < in haec verba,' the substance is true,
the words are varying from the record, in the
record they are * Anno prodicto, but in the re-
dtel, / Anno ultimo supradicto.'
Mr. Wiliianu, That is not the same in sub-
stance as to say ' Anno predict' * the year be>
^ foresaid,* there are many ' Anni preBdicti,' and
that may refer to any of them ; if there had
been but one, it might have been so, but when
there are several years mentioned before, * Anno
^ ultimo pnedict. restrains it to the last year
^ pnedict.'
• Att. Oen. X0a may spend as much time as
you win ; in the first record there was but one
year mentioned.
Mr. R«ror«ier (sir George Treby). That the
city of London vras burnt in the year 1666 ;
that was one year mentioned before, I am sure.
Att (xen. There are several years men-
tioned in this record; there we must say * ul-
< timo prndiot'
X. C. J. The dipectaon is. That whereas it
was in the Record * Anno prcedict.' here you
have more, and when you recite ' Anno pne-
* diet.' you add * uhimo.'
S«j,J<^. We could not do it otherwise, my
lord.
L,Q.J. Asifathi|igeo|iM90tbe»«reUez-
oepl it wove in sach pitcise words: Thatwas
• Aum prvdmk,* I tUi» yo« say^ is « Amp ultimo
* ultimo sQpradict.' and in this you had
* Anno prMict.' when several were mentioned,
then it might have been an objection ; now h
is not.
Serj. Jef, If sir Patience had been as enct
in swearing, as you are in observing, be had
done well enough.
. Call Mr. Hatch. [Whowasswom.3
Mr. Williami. Pray let's know your name,
sir f^Hatch, My name is Hatch.
Serj. Jeff, Pray, was you present at the trial
between his royal hi^meas and Mr. TH"
kfngton ?
Hatch, Yes, my lord, I was present
Seij. Jeff, Was sir Patience Ward produced
as a witness ?
Hatch, % Patience Ward was sweni.
SeQ,Jeff, What did he swear ?
Hatch, He did swear, upon his oath, Tliat
the sheriffs were not present; that there were
some aldermen at the table in the matted gal-
lery in Guildhall smoking a pipe gf tobacco,
and that they bad some discourse about wait-
ing upon the king and tlie duke, pursuant i»
an enter from my lord mayor the day before,
and he said, die sheriffs were not present.
B&^.Jef, What sherifls.^
Hatch, The sheriff: and he did afterwards
say, he did positively affirm, upon his oetb^
that Pilkington did not come in till all the "
course was over about the duke.
8e^,Jeff. What did he say about
throats f
Mr. Williams. Ck>od, Mr. Serjeant.
Mr. Jonet. You say he positively sai ,
was no discourse about the duke 01 York
PiUdngton came in.
Hatch. But then, after, my lord, be said ; I
do positively affirm, upon my oatb, that Pil-
kington did not come in till all the discourse
was over concerning the duke of Yotk. And
tiirther, there was cnsoourse about burning tbe
city by the Papists, saith Pilkington, He balk
burnt the city; with that sir Patience Ward
took him by the shoulder, saying, £iplaiB
yourself: What! you mean Hubert,* I was-
cant you? Yes, said he. He l>eing asked the
question. Whether any thing of the duke was
named, he said. No : And iiurther,. Whether
there was not any mention of cutting of
throats, he did positively say. There was no
mention made of cuttii^ of throats.
Mr. Williams, Mr. Hatch, Where were yoa
placed at the trial ?
Hatch, At the trial, Mr. Williams, I stood
just there.
. Mr. WilUof/u. Had you a pen and ink about
you?— IfttfcA. Yes, «r, I write characters.
Mr. WUliam, Pray, Sir, f^id you take tbf
words in writing then, or no, in the court?
Hatch. I believe I might, I canpotpoai*
tivdy tell.
* See the £zaminatioos concerning di*
Firing of London, voL 6, p. OOf > ^^^ C<^
lection.
t05]
STATE TRIALS, 55 Cmabies II. l$S$.^/iir P^xjmy.
[SOi
Hr.Tkampmm. Ht^yooyonrnotas htte? | Aston- I wte mifMit ia tke c«nH that dty,
HMck. I Ihittk I hare not. and I do remember^ that air Patience Ward
Mr. ^TNinjjMNi. A nuwof agood iB«nory.
fioj. Jtjf, We hare a matter of aome SO or
40 wiiBeaaea : do not make aucfa a rout
Mr. PoUtxftn. Mr. Hatch, you are repeat -
iaf what air P. Ward said ; Did he, in that
endence, meatioo the duke of York, or not ?
Hmick. He aaid, there was discourse about
gpting' to the king' at St. James's, Imt not to
die dttke. Sir George Jefferies asked him
that reiT oneslion.
Mr. PoAexfeu, Let him now repeat the evi-
teee whic^ he swore just before.
Serj. Jeffl J thou^^ht that would not have
heeo such a mighty question at this time of
Mr, WiilUum. I desire he may say again
wkst was sworn by sir Patience Ward.
&etj,Jeff. Begin and repeat, 8ir, hi what
nmoaer he swore, in the rery same form be
^aketbes.
Haich. Sir Platienoe Ward, being sworn
and examineil upon the account of Mr. Pii-
-kington, did say. That there were some aldier-
meo. met at tne matted gallery, the matted
chamber in Cknldliall, and smoking a pipe of
tobacco, and there was discourse of waiting
vpoB the kipg, and ^e duke, pursuant to an
order of the lord mayor the day before ; and
being naked. Whether Mr. Pilkington was not
mesent, he said, Tlie sheriffs were not present,
4at at tke court of taking lioeoses in Guild-
hall, and that there was a discourse about
bnniing the city by the Papists, and, says Mr.
Pykington, Hath ne burnt the city ? fiatb be
burnt Uie city P Upon that, sir Patience Ward
took him by the shoulder, and bid him explain
htBMelf : Yon meant Hubert, I warrant yon,
aaitk he. Yes, saith Pilkington ; and being
asked, Whether there was any discourse about
die dnke of York, he said No ; but positively
said, that there was no mentioD made of cutting
afthnHlts.
i^en Mr. Boiton was sworn.
Mr. Wiilmmt. Your name. Sir.
Boxton. My name is Boxton.
Sei). /e^f' ^'* Boxton, will you tell my
loid and the jury, whether you remember what
was said by sir Patience Wai-d ?
Boxton, My lord, I was present at his trial,
1 happened fb return the jury.
Sttj. Jej^. Pray will you tell my lord and you can say ?
the jary, what was said by sir Patience Ward?
Bourses. My lord, I was present at tiiis trial,
baring returned the jury that was to try that
cause of bis royal hignness: I wasalioyeui
the ffaDery, and I could not so well understand
it ; but as that gentleman said before, he was
ming. He heanl no mention made oi' cuttuig
orthroats ; 1 cannot say the very words, for I
Ifwk DO notes.
Williams, Yon were in the gallery than ?
Bortfm. Yea, Sir.
Serj. Jef. Pray^ Mr. Aste* I Ihiak yon
VMprestet«
VOL.
did swear, I think positively, to the best of my
remembrance, U^t * the duke of York was not
* named while Mr. Pilkington was by.' That
if 411 1 do remember.
Serj. Jeff. What do yon mean by * posi*
< tively f '* that be used tne word * posttivdy ?'
Aston. I think I am pretty sore he did takft
it poffltively or upon his oath.
I Mrj.Jeff What did he take positively f
Aston. That the duke of York was a«t
named while Mr. Pilkington was by.
Serj. Jeff. Do you remiember any thing dee ?
Astim. As to * cutting -of throats,! I do not
remember it. Several people have asked me,
and I gave them that relaUon, or else I be-
lief e, that bad been out of my mind.
Mr. Wood sworn.
Serj. Jeff. 3Ir. Wood, pray wiD yon give
my lord and the jui^ an account of what you
heard sir Patience Ward swter, in the cause
between his royal highness and Mr. Pilkington.
Wood. My lord, I was in court when sir
Patient^e Ward gave evidence for Mr. Pil-
kington, and I heard sir Patience Ward say.
that. * tb^ duke of York was not named ;' ana
that ^ the discourse concerning the duke was
* over before Mr. Pilkington came in, and that
* there was.no mention of cutting of throats.'
Mr. Jones. Did he swear tliese things posi'
tively, or as he believed, or heard P
Wood. To tlie best of my remembrance, I
think he clapt his hand o])on his breast, and
said ' positively there was no mention of cutting
' of throaU?'
Att. Gen, Do you speak of your best re-
membrance as to his posture, or to the wordP*
Serj. Jeff. Did be say that word * positively ?•
Wood. To the best of my remembrance, ha
said < positively,' or * upon my oath ;' out of
them he did say, I cannot tell which. f
Sif}. Jeff. Jbither he said * oositivdy,' or
* upon my oath.' Now, my lord, if your lord-
ship pleases, we have given your lordship and
the jury, a sufficient account bow positive this
gentleman was ; but as positive as he was at
that time, we will give you an account, that
h^ did forsweajr himself.
Swear sir James Smith (which was done.)
Att, Gen, Pray will you tell the court what
Sir /. Smith, I did lUtle think to be called
to g:ive any evidence upon tlie account of sir
Patience nard, considering the relation that is
between us, as akiermen. I did not take par-
ticular notice, but 1 do remember, that lie nsed
that kind of posture ae they say, and did ' po^
' silively, or ' upon his oath,' say, I cannot bft
certain of the words he nsed, that Mr. Pil-
kington was not there while they were dis*
coursing concerning going to St. James's, i^r
he did deekre, the duke of York vrm not
talked of, and I do remember a rery good cir-
•umstiDfit that b« did 0w#ar jo, w my lord
X
toil STATE TRIALS, ;55 Charles II. l685.-.7Ha/ 0/ Sir
Wordy [3(»
chief justice.Pemberton was pleased to apply
bimseif to sir Harry Tulse upon it ; aod I re-
member sir Harry Tulse made answer, ' J am
* very sorry to say it, he was there all the
* while.'
Att. Gen, Bid you hear any thing about
* cutting of throats r
' '8ir X Smith. I do not remember that.
Sir William Rausieme sworn.
Scrj. Jeff. What say you, sir William Raw-
f teme l**
Su* Wm. Razcsterne. My lord, I was h&e^
^ biit I took no particular notice, but I do re-
member, that sir Patience Wanl did say, that
the duke was not named when Pilkington was
- in the room ; I can say nothing else.
Mr. Jones. Did you hear him swear it ?
Sir Wm. Raw$terne. Yes, Sir.
^ij* J^ff' Sir James Smith, did he swear
itupon his oath?
Sir JC Smith. My IcMtl, I said before, I can-
aot say the word he expressed it in, but either
* positively,* or * upon his oath,' he was not
there all the while that discourse was.
Mr. Ptdlexfin. First he says, the discourse
was of goitt^ to St. James's.
Sir J. Smith. My lord, as I said before, he
did declare, that the sheriff that then was, Mr.
. Pilkington, was not by while they were dis-
GouMing of going to St. James's, for he said
- Ibey did not speak of the duke of York ; but
|he discourse was about going to St. James's,
and that diseomve was at an end belbre Mr.
Pilkington came in ; and while they were
talking about firing the city» upon that Mr.
Pilkin^n saying, < he hath fired tiie city,'
he desired him to explain himself, whether ne
flid not mean Hubert.
Sir John Peake sworn.
Serj. Jeff, Sir John Peake, I dcare to know
irhat yon can say ?
Sir J. Peake. I was present at the trial, and
-sir Patience, 1 do remember this, laid his hand
upon his breast, and either said positively, or
upon bis oath, I cannot tell which, one of the
two I am certain of, * that Mr. Pilkington was
* not by when the duke of Yoric was mentioned.'
Her}. Jeff. What about cutting of throats ?
Sir /. Peake. There was something said of
cutting of threats, but I am not so positive.
Serj. Jeff. Sir Thomas Field, I think you
was one of the jury that tried the cause.
Sir X. Field. Yes, Sir, I was upon the jury.
Serj. Jeff, Pray do you remember that sir
Patience Ward was a witness ?
Sir T. Field. Yes, I do r^iutemberit.
Serj. Jeff Do yon remember what he swore P
Sir T. Field. I do remember he swore the
duke was not named ; that I can remember.
Mt. Oen. Doyou remember any thing dse P
Serj. Jeff. Do you remember aiiy thing
' about cuttmg of throats ?*
Sh* T. Field. There was somethingv I can-
- iMt positively My that.
Serj. Jtff Do yoa reoMinber what other
worda he said P
Sir T. Field. He did say likewise. That Mr.
Pilkington was not in the room when any thing
was spoken relating to the duke of York.
Ser|. Jf^. Sir Francis Butler, pray will yoa
please to give my lord and the jury an account
whether you were of the jury, m the cause be-
tween his royal hirbness and Mr. Pilkington ?
Sir F. £uj!^. Ivrasof thatjury.
Seij. Jeff". I think you were tne foremaop.
Sir.— Sir F. Butler. 1 was the foreman.
Serj. Jeff. Pray do you remember sir Pit*
tience was produced as a witness P
Sir F. Butler. He was produced.
Serj. Jeff. Do you remember any thing ba
swore P and what?
SurF. Butler. The Evidence he swore (whicii-
I thought we had reason to observe, for tli*
ffteat question was, whether the words rekited to
the Duke of York) or no P^ was, that it did not
relate to the duke of York ; and sir Patience
Ward was provine alderman Pilkington waa
not in the room while they discoursed of tba
duke of York, and tiiat the duke of York was
not named.
Serj. Jeff. Did he swear that positively P
Sir F. Butler. To the best of my remem*
brance, positively ; I heard nothing of qualiii^
cation at all.
Seij . Jeff. This is a gentleman of great wortk
and the foreman of that jury.
Sir F. Butler.. We did debate it after wa
went out of the court, among ouTsetves, befora
we brought in our verdict and I remember
something more in it, for we should have laid %
little more weight upon his evidence; if he had
not said, that when sir William Hooker took
some exceptions at his words, and asked. What
do you mean P sir Patience Ward then laid one
hand upon alderman Pilkington's mouth, and.
as I remember, the other upon his breast, and
asked. What do you mean P And the other an**
swered, Hubert. That made us believe his evi^
dence was to be laid by.
Serj. Jeff Now, my lord, if your lordsfaifi
pleases, I think we l^ave sufiiciently satisfiea
your lordship, and the jury, what words he
swore ; now we will prove that they were
false.
AtL Oen. Sir Harry Tulse, pray, will you
acquaint my lord, and tiie jury.— Vr e will ask
you turst ; sir Harry Tulse, were you preaenl
when this ij^ntleman swore P
Sir H. Tulse. I was present ; I sat down ob
a fore-seat, and he gave his evidence behind : I
never saw him touch the book, nor kiss it.
Att. Gen. What did you hear him say P
Sir H. Tulse. I was a littl^ discomposed a|
what I had heard him say, and so I am not aUe
to give an account, and I thought I had some
reason for it.
^Q* J^' Why, whatreaaon P Was it because
he swore truly or rashly P
Mr. Thompson. Good Mr. Serjeant, do not
lead so.
Mr. Williams. I think it is a reflectiOB upon
an alderman to be led by any.
Att. Gen. Mr. WilUams, lean shew yev^
you have led aldenaen, and against law too.
toji
STATE tRIALS, 35 CraucS II. l685.«-/0r Pefjury.
[310
SoL Gen. Mr. Findi. Will you pleate to
tegnremy knrd ui accooiit whether Mr. Pil-
kms^toQ was by when there wasaoT disoonrse
•bom the duke of Yoik?.
Sir H. Ttt^. Gentlemen, I do not know
whether you expect the account I fbrmeriy
faTe ; that I thmk I have very perfect in my
Ait. Gen. Give an account of that paMase.
iSir H, Tui$e. The evidence I gave wasthui;
wn the lOth of April, (I will not be positive,
1 think it was that day) according to an order
ef court made the day before, we metat Guild-
haB ; there was snr WHUam Hotter, sir Pati-
ence Ward, sheriff Pilkiogton, and myself, I
iranember no more ; and alderman PUkington
«», ' He burnt our city, iind is come,' or * will
come,' one of these two words, * to cut our
throats.' This was the evidence tlwt I gave,
this was true. I was asked by the court, what
was the preceding discomse, whether made by
alderaian Piflongtou, or sir PMience Ward, I
caAaot be positive ; but it was concerning an
order sf going to Sl James's, or to the duke of
Yoric, one of the two ; he did complain (^that
«tdcr, they were oomphuning of that order, and
seeoKd tomessif they would have it re-de-
bated; Imade answer, it was too late, for the
eout had agreed it.
Ati. Gem. Was there any discourse con-
•ennngthe duke of York while Mr. Pilkington
was by ? ^
Sir B. TuUe, Alderman Pilkington was by
all the whilp thediscourae was.
Au. Gen, And was there any discourse about
the duke of York?
^r ff. Ihilte. I did never hear the duke of
York named by alderman Pilkington at all, as
1 remember ; tney compUined of &e order made
the day before, that is, concerning going to 8t.
James's, or to the duke of York, seeming to me
as thoiu^they would have it re-debated; upon
which 1 made answer it was too late now, for
the court had agreed it ; and then came these
words, * He ham burnt our city:, and is come,'
or < will come, to cut our throats.'
AtL Qen, Do you say pilkington was there
when the discourse was P
Sir H. Tulte. Yes, Sir.
Seij. Jeff', Sir H. Tul^, I would ask you a
'question, by. your favour, yon say there was
then mention of cutting of throats, and ^ou say
Mr. Pilkington did not name the duke of York
himself, that you cannot say ; but you say he
wts thane while was a discourse about going to
congratulate the duke.
w H. TuUe, I cannot be positive of that ;
we djaooorsed about the order, that was the order
that was made before, to conmtnlate the* duke
of York ; I cannot sav that alderman Pilkington
did ever name the duke of York, but he was
present at that discourse.
SoL Gen. Sir Harry Tulse, you ' say there
was mentiOB made concerning the debating
ibe order, was there mention made of the
aider? I>id they name wbal order they would
Mraje-debated?
Sir B. Take. Yes, Sir. The order .wi|s — ,
an order made the day before, that we should
go and congratulate toe king's safe return, and
with the king's good leave or licence, weshoold
then congratulate die duke of York, that was
the subject matter.
Serj. Jell Pilkington was present then?
Sir U, Tnhe. He was present there.
Sevj. Jeff. And upon that discourse, pray.,
sir Harry Tulse, did Pilkington say these woitls
' He liath burnt the city, and is come to cut our
throats ?'
Sir If. TuUe. No, Sir, that did not imme*
^diately follow.
Sol. Gen. Sir Harry Tulse, what order did
they sav they would have re-debated ?
Sir u. Tulte. I took it for tlie order made
the day before.
Sol. Gen. Did they name the order ?
Sir JI. Tulse. I did make mention of tha
Order, that the court had agreed it, and it was
too late for that. .
L. C. J. He says it was too late to be de-
baled or spoke of in court, I apprehend it so.
Just. Jones. Was the duke named, or not?
Sir H. TuUe. At that time, truly, Sir,. I can-
not positively say he was named ; for the de-
bate was about the order made to conffratulata
the duke of York, or of going to St. James's^
one of them, I am sure, was named, but I can-
not be positive.
Jurtf^man. I desire to know whether this
gentleman was there all the while.
. Sir H. TuUe. My lord, I believe I wss there
all the time that there was a word spoke in this
matter, the whole time.
Seij. Jeff. Sir Harrv Tulse, I would ask yoa
another question : W no did yon apprehend to
be meant, when Pilkington said, ' He hath
burnt the city ?' Who ^o you think he meant
by that?
Sir H. Tulse. I will answer any thing that
the court thinks fit I should answer. I humbly
pray my lord and the court would ask me
questions.
L.C.J. Sir Harry Tulse, it was said the
city was burnt Pray who did you apprehend
was meant that burnt the city ? Who did they
mean?
Sir If. Tulse. Who did I apprehend, my lord f
truly, my lord, I think I was the man Xhait
made answer, that it was Hubert that burnt tlM
city, because he was hanged for it.
Just. Withins. Hid you apprehend it was
Bubert?
Sir H. Tulse. My lord, there was a talk of
Hnbert ; and I remember sir Patience Ward
took hold of it, and bid him explain himsd^
< Who do you mean ? Hubert?' And then there
was a little stop among us ; and, as I remem-
ber, I made this answer, * I think, that Hnbert
' burnt the city, for that he was hanged lor it,'
L. C. J. Hark vou ; I would &sk you ona
question, if you please ; You heard the ex-
pression of cutting of throats, * he is, or wiH
*■ come to cut onr throats ?'
Sir H. Tulse. Yes, my lord
dll] STATE TRIALS, 55 CiUftLtft II. lS89.^THW 1/ Sir PaikntA Wmrd, i%\%
£. C. jr. INray whodidyoatpprehendthiHild
be metnt by tbal ? He could not meMi Hubert,
sorely, <br that P
Sir H. !A</!if. My loidf I mtnt gire my
opinion, that it was iAe duke of York.
Mr. Thmnpion. Did you understand that he
meant so at that time f
8er|. Jtff. Sir William Hooker, will you
l^re an account of it ?
Sir W, Hooker » My lord, I will, as near as I
can, tell the?ery worusi; I may lose soroewords,
but of the matter of fact, I am confident I shall
miss nothing. We met in pursuance to an order
made the day befoi^e ; the order was made to
meet on the Monday following, to wait upon
the kin^ and the duke of York. My lord, ac-
cordingly, when I came into the gallery, I
found sir George Waterman sitting on one side,
and I sat opposite to him, and sir TIenry Tnlse
at the eud of the table ; not k>ng after, came in
sir Patience Ward, my lord, sir Patience Ward
sat down close by me, and Mr. Pilkington
stood at the other end of the table opposite to
roe. My lord, to the best of my remenibrance
and belief, sir Patience Ward dia move, that we
might coiisider this business of waiting on the
duke, and, my kM^, answer was made, I do be-
lieve by sir H€n^y Tulse, that it was now too
late, for my lord mayor was come, and would
be going ; upon his saying it was too late in
this manner, Pilkington standing at the end of
the tab'e, said these words ; * Hath he burnt
' the citv, and is he come to cut our throats?'
Uiwm this, my lord, I replied ; Brother Pilk-
ington, said 1, thou art mfinilely mistaken in
this point : thou roayest as well cbarge it upon
a child unborn as upon him ; for the duke of
York was as careful in the tire to preserve the
eity at the same time, in a yani in Coleman-
itreet, as any who was by was ; though the
ashes came upon our heads ; and I never knew
a man look more carefully than he did at the
same time. This, my lord, is the substance,
^t I can't say that Mr. Pilkington made a
reply either one way or other, but I think
Ihere wa« something of Hubert spoke besides.
Then sir George \Vaterman wetit away, and I
Veiit Sway afterwards.
Att, Oen, 80 that you are positive that
that Pilkington did say, * he is come to cut our
» throats?
• Sr W, Hooker. «Hath he burnt the cityf
< And is he come to cut our throats P
Serj. Jeffl And dM you immediately tdl him
this of the duke of York.?
Sir W. Hooker, Immediately.
Sol. Gen. 1 think yim say it was pursnantto
•in order about waitinif on the duke of York ?
Att. Gen. Did you name the duk**ot York.*'
Sir H'. Hooker. I did name the duke of
York to Pdkington, aft r tliose words were
qpoke.
*^y- •'^ Pilkington was there then before '
tlu' disi-ijirse o* the duke of York. Was shr
Patienw Ward there while the discourse was,
^oncernin{r cutting of throats?
& W. Hooker. 1 amaet able te swear wfae-
ther sir Patience Ward M bea^ II or ttO} nti<-
doubtedly he was there.
Sol. Oen, Sir Wayam, do TOO think Hurt
Patience Ward did wmkwnen he siopt
mouth, or ne ?
Sir W. Booker. Truly I did not 0ee fain
stop his month.
SoL Gen. Sir William, was it plain to yvn
that he meant the duke of York ?
Sir If^. Hooker. I am not able to know otBer
men's thoughu ; but certainly nothing could
I4[>pear more plain.
SoL Gen. Was the subject-matter of dis-
ooune oonoemitig the dUke of Yerkf
Sir W. Hooker. About that, and notfafi^
else.
Serj. Jeff: He named the duke of York, did
he?
Sir W. Hooker. He did not name tbednke
of York ; I don*t say tiiat.
Berj.Jeff. But you named him.
Sir W. Hooker. Yes, Sir.
Att. Gen^ Was that all you diseoaned off
Sir W. Hooker. This is all.
Seij. Jf/f*. Here is the ottler.
Mr Wilikmt. We agree the order.
Serj. Jeff. For the present we will rest here,
and see what account they will give.
Mr. Recorder. May it please year lerdslup
and von gentlemen of the jury ; 1 am of cotmsel
lor nr Patience WaNl,the defendant. My lord,
as the counsel for the king say they will rest k
here, so if we should rest here too, I think
there is nothing proved that sticks upon us.
My k>rd, I observe first, that of all their wit-
nesses they produce concerning the words in
court, there .is not one el' them aH, hut the
first, pretends to be a penman, and he says he
believes lie did write, he can't tell whether he
writ or no, and he ean*t tell whether he hatb
his notes about him, and this is aH we can have
of him. And the truth is, they vary so nrach
among themselves, that that is eiiou^ tonnte
any one wonder, on the whole speaking of the
words. And we see these worthy aidenDCtt
are very cautious ; they did expect to he calM
noon their oaths, i did take parttenlar notice
of it. The truth is, my lord, for this mattn\
it is certainly as great and heinous a cvime as
any can be, and 1 believe these gentlemen will
thmk, that in this ease, they should have ne
less evklenoe to conrfet this gentleman of this
foul crime of perjury, than to convict him of
any crime that concerns his lifis. The truth of
it is, if such a fiHil disreputation and scandal
should stick, yet the jury must have psia
proof. If there were a ra^ word, if there
wen* a mistake in a persen^srememhrance, it it
not every slip that will criminate a man of per^
jury, it must be a wilful and cnrmpt forswear-
ing a tnan's self against his own knowlet^,
and nothing U^ss than that is sufteient. My
loni, it is agreed on all hands, (he reccmi
shews it, thst the duke hath recomed a ver^
dirt. The cause went Ihr him. If the duke
wouM have had a yerdict, he hath it ; if he
would have had more damages, Ipt tsight
3
113]
STATE TRIALS, d5CfiARLttt H. l68S.^/«r Perjury.
t5l4
I . kmm be misht ; lie hsih more ■ ttmn
100,000i. for 1m hatli all costS) to the utmost
tehiog. My lord, in eawa of this nature, a
■nm'e wi>rds must be taken toeether. Your
lonbhip will acquaint the jury, that if there be
lay tkioi^ in any part of bis evidence, that does
c^lain, that does limit, that does ipialify it,
the whole disoomae must be taken as one en-
lire evidence, and that he shall hare the ad-
vantage of it in eveiy part. My lord, the nse
1 would make ot' ^is is to this purpose, that
whatever these witnesses fix upon him, they do
it by GoUtngaBd picking out pieces of words ;
they don't pretend upon their memory, mofch
less upon writing, that they are able to repeat
the whole endenoe. Your lordship does very
well remember the ladyCarr's cas^, a greater
and plainer instance than this, if it ^vere proved
as if was pretoided, in chancery ; she swears
ika never received money of stich a tntti, and
Ae made a second answer, and there she says
she received no money after snch a time, and
it was Kflolved, that that should be taken to-
dier, and that that was no peijury. My
, we shall insist upon the two tmngs : first
of all, that the words were not spoken as they
are laid, that they were not sworn by sir Pati-
ence Ward as they are laid and charged in the
l a foim s i ion, for they are charged there posi-
tirely and directly ; but we say they were
spoken with all the caution that any man can
apeak iKem with, * as he bdieved/ and ' to the
< best of his measory,' and ' as he apprehended ;'
and thia, I say, circamscribed with great caution
and great tenderness. If they had been
tp^an as they are laid, yet this could not be
pennry ; that is the second thin^. So that if
A nil «Mit that he was mistaken m this, your
I wdihy wiU aci[oaint the jury, that a rash
aalh ia not peijnry, if it were so. My lord, as
la die latter part, sir Harry Tolse does go a
great way ; for he says, that he can't take
up s u faim-tosay that sir Patience Wan! ever
aaw Mr. Pilkington ; if he did never see Mr.
PiUdngton, kow can he be chanrged with per-
jury tron, for si^ying he was not £ere ? Under
frvovr, if he did not see him there, be
most awear according to his senses, that he
waa net there, and you caanot charge perjury
uon that, it demonstrates the nncertatnty
art k en e words, that when they come to lay the
dadaraimi, tiiey are fain to lay these words
fanr aeveral ways, as they do. And yet these
two wwrtiqr aldermen say, they took down the
wards that very day. If these words were so
iftrin then, thougli they were writ down,
what sbonM make tbem otnerwise now ?
Ati. Otn. Tbeie hath not been such' a
ward said yet.
Mr. Recartler. We wiR prove it, Sir, As to
the dnrd point, we say this : it is cfiarged there
fas no eottingef throats, no mention of cut-
ting of throats; as to that, ray lord, I take it
frsm one of their witnesses months, thai is, Mr.
Boxtan ; he • aaya, that sir Patience Ward
swore, that he heard no mention of cutting of
throats ; tmder Am>ir, Sfa% to say thai there
i
was no mention of cuiting of throats, that m
positive, that there was no such thing spok^ •
but their own witness savs, ttiat there was no
such thing heard. Can there be a greater dU*-
ference than tor a man to say, there was no
snch word spoken, and to say, there was no
such word heard by me ? This of cutting of
throats, if it were spoken at all, though I
believe it was ; for i have that good opinion of
these worthy aldermen, f mean sir VVilliam
Hooker and sir H. Tuise, that I presume tti era
was something about cutting of tliroats ; but I
answer, that sir P. ^Vard might not hear it.
And i think they have given a very good
ground for it : says sir 9* Tulse, is be, or wilt
be, come to cut our thnrnts? Whether it were
' is,' or whether it were ' will,' that he cannot
tell. Sir Wm. Hooker, says he, is come to cut
our throats: one speaks affirmatively, the other
interi'ogativelyl Sir H. Tulsesays it was'ouf
throats ; says sir W. Hooker, the throa's of
our wives and children. Do not these two al-
dermen tliifer as much between themselves,
as cither or both of them do with sir P. Ward,
when sir Harry Tdse shall say, there were
no wives and children mentioned ? It is no re-
flection at all, and 1 hope there will be no
cause to reflect upon the other alderman.
The next point is, that there was a discourse
concerning the duke of York, and tliat it waa
before Mr. Pilkington came in. Here the
witnesses vary extremely ; one says before he
came in ; another says, before he came to the
table ; another says, while he was in the room ;
all these varieties we find in the witnesses
that swear the words out of sir P. Ward's
mouth ; and certainly sir P. Ward would never
say these words ; it is impossible to say the
discourse concerning the duke was ended»
when in the very next words he savs, the duke
was not named at all : for, my lord, sir H«
Tnlse savs, he was never named. But, my
lord, besides this, if 1 say he was not there
in thesiffht and view of sir P. Ward, he is not
guilty, Be it true or false, that be was thera
before the discourse ended ; for it is a long
room, and no man can say but a man might be
behind sir P. Ward as he sat at the table. The
second tiring, my lord, is this, that the duke
was not named ; that he is chai^etl to liava
sworn. My lord, the evidchce that he deli-
vered was, that the duke was not named m his
hearing. Now sir Harry Tulse says the very
same that sir Patience Ward did, that there
was a discourse alxiut an order, he savs, but
nobody named the duke, and sir William
Hooker says, the duke was nut named.
Just. Witkim. He says he cannot say he
was named.
Recorder, 'Till afler the words spoken ;
and, my lord, it was so doAbtful, that it seenia
there was need of explication *, tor the words^
(under favour) as prove<l, do not relate to cut-
tmg of throats but to the burning of the city ;
and \% hat sir William Hooker says afterwards^
makes it moreplain. If we prov e, these ttii ngs,
that sir P. WWd carried himself thus, if iia
315] STATE TRIALS, 55 Chablks H. i€85.— 7Ha/ of Sir
Wmrd, [310
-expressed himadf with so mach caution, under
^Your, that doth clearly avoid this charg^e in
the infinmation. .But, my lord, if there were
periory, it was committed at the trial of Mr.
Pilkinfirton, and at that trial when it was com-
tniUed^itwas hest understood ; for here is no new
evidence as to the words spoken in the gallery ;
therefore, under favour, the peigury was as ob-
servable then, and more, because it was fresh
then. Now it is said, that it was with great
astonishment ; we shall give in evidence, that
there was no such appre&nsion, that the court,
that the counsel, tnat every body did appre-
hend it as delivered with that caution as I have
opened it to your lordship : first, sir Georg^e
Jefferies, in the very conclusion, asked him, if
there were nothing spoke of the duke while
Mr. Pilkington was by. No, saith he, not to
tiie best of my memory^ isaith sir Patience
Ward. Saith sir George, by reply, your
invention is better than your memory. Surely
that were the most impertinent thing in the
world, if it had been otherwise. And every
hody knows sir George Jefferies is a man thiU
would not have said such a thing, if he had not
wholly referred to his memory, and given him
•n occasion lor that reply. And Mr. Solicitor,
he says these words, in repeating the evidence
to the jurv : sir P. Ward goes a great way to
confirm that of the other aldermen, and that
shews, that they did observe it fiur enough
from perjury ; and my lord chidT justice, my
lord, when ne came to direct the jury, he says,
that sir P. Ward had said, that, as he con-
ceived, there was no mention of cutting of
throats, and so on ; and says he, it is easy to
forget such circumstances. If, in the judg-
ment of my lord chief justice, it were an easy
thing to foijifet, can it be wilful perjury in any
man to testify that which was spoken as he
conceived ? And truly, my lord, it is the more
for that my lord chief justice was upon his
oath as well as the witnesses : and your lord-
ships, that sat with him, would have rectified
my lord chief justice, if he had misapprehended
him*: and the jury did apprehend it so, and
looked upon sir P. Ward's evidence as a confir-
mation. My lord, all these things are nega-
tive, and they do refer to the memory, and that
my lord chief justice said a man may easily
forget, and that is enough to excuse bin). Be-
sides, my lord, this was given in evidence
seven or eight months after the time that the
words were spoken ; and if any man were to
repeat what was said at this bar, no doubt but
in seven or eight months they would differ
more than sir P. Ward did from these gentle-
,men. Besides, my lord, be is a man of good
reputation and credit, he hath borne great offices
in the city, mayor and sheriff of London, and
this a crime for mean persons, and we think
much less evidence than this will satisfy your
hnrdship. We will prove what was said at the
trial not by the imperfect memories of people
that did not write, or cannot tell whether they
ivrit or not ; , but by some that did take very
exact notes, and espedally by one that wrote
the whole.
Mr. WUliamSn My lord, the question is,
what was anoken by sir Patience Ward, My
lord, if sir Patience did not swear as they have
laid it in the information, sir Patience is not
fftiilty. They have laid the information thus :
That as to the cutting of throats it was sworn.
Sositively by sir Patience ; but if sir Patience
id only speak as by hearsay, as he heard,
that there was no mention of cutting of throats
in his hearing, then we are not guilty. My
lord, how far then the evidence doth touch urn
in this matter, how far they have proved ua
guilty, is to be considered. I do not find, that
any one witness in this trial says, ' that air Pa*
tience did swear positively, that there was no
meiltion of cutting of throats. Every maa
that speaks, speakis to the best of his me-
mory, and to the best of his knowledge,
and no otherwise ; and I will appeal to your
lordship, iipon what every witness hath said,
whether any witness can be convicted of
perjury ; for every man hath appealefl to bis
memory. Observe every witness, and not any
of them do agree. The two aldermen that
were then sworn, one of them, sir JHarry Tulse*
tells you of the discourse conoernmg comiuff
to bum the ciu^, atnd cutting of throats : as 1
take it, sir Hany Tulse said it by way €€
question, ' Is he come, is he come to but ouir
< throats P' Sir Wm. Hooker tells it positively,
' He is come, he is come to cut , our throats.'
If gentlemen do vary, as these two fritnesses,
and have several apprehensions of the same
thinff, it ought to have no influence upon this.
In this case, we are here for wilful per|ury. If
it be a mistake of the memory, that will nerer
come up to peijnry. We will make it out,
that it was spoken with great caution and re-
striction. And then for the other of the two
assignments, if this be true, that there was
no discourse of the duke of York, then the
second will naturally fall. The first thing is
this, that he should swear there was no dis-
course of the^uke of York; if this be true,
that there was no discourse of the duke of
York, then the second will fall. If the dis-
course of the duke of York was done .before
Mr. Pilkington came into the room, if there
were no discourse of the duke of York, it is
impossible that should be the meaning. .And
here I must observe, sir H. Tulse is a tb^Nuand
witnesses in this case ; he tells you expressly,
that there was no discourse of the duke nf
York, he hath told you plainly there was uo'
discourse of the duke of York, nor any dis-
course of the duke*s name ; and what says sir
H. Tulse P He says very plainly, there was e
discourse of an order maide the day before.
We allow the duke is mentioned in that order,
but the question is, whether there was mention
of the duke's name at that time. If yon be-
lieve sir Harry Tulse, there was no mention of
the duke's name.
JustJoeet. He did not remember that there
was. He did not remember that the duk^ of
York was named.
Sir Fra, Wum* By any body.
am
ftTATC TRIALS, S5CUA9LE8 II. l6SS.^for Pmjmy.
[5If
Jut Jones. He does not say, tbat the duke
ira> not named.
Hr. Williams. Sir Hairy Tulse is as much
diKged to remember in this case a» any man
hen. This will be a mighty evidence to jus-
li^ my cfient, then tlie perfury will certainly
m upon these, but we i^nll cleiu: this too. In
this matter sir Patience was a most cautious
eridence, so is he, he did not say positively,
that there was no mention of the duke's name,
kit he says, to the best of his remembrance.
So that there is nothing proved against us.
We will call Mr. Blaney, Mr. Blaney is a
thousand men in this case.
Sr Geo. J^. Is he so ?
Mr. WUliams. He takes notes exactly. We
will tell yon what was sworn by sir P. Ward.
Shr Geo, Jejfi 1 have known him out in a
terdict.
Mr. PoUexfen. That the duke of York's
name wasnamed in the discourse is not proved ;
nobody says it was before the words spoken.
Jost. Jones. After the words spoken ; it was
flien he tells you ; but it was not before the
thne of the discourse.
Mc Pollerfen. There was a diaooorse of
going to St. James's, and upon this discourse
these words were spoken, that PiUdngton did
^eak ; but the naming t^e duke was afler the
peaking of the words in the declaration:
tbefcfbre, there being nobody tbat does prove,
tbat the duke was named in any discourse pre-
eeding the words ^[loken by PiUdngton, I think
it Is no evidence at all.
L. C. J. Y6u make things so intricate, that
no man shall be able to understand what ano-
ther jnys, but must take it as you would have
it. When it was said he had burnt the city,
well, what says the other? Sir Wm. Hooker, I
think, makes answer, says he, the duke is as
ianoeent as a child, and he was one that en-
deavoured to save it. Must not we understand,
DOW, that this was a discourse of the duke all
this while ?
Mr. Pollexfen. .My lord, the question is,
whether there were any such discourse pre-
ceding- the words, or any thine* in question, but
whatlia(>pened after the words ?
Sir. Geo. Trebif. If the duke were not named
befiwe the words, can the name of the duke
teSst to the expounding of them P
• Sir Geo. Jeff. No; but Hubert, ten years
after he was bMiged.
Sir Fra. Winn, My lord, I see we are in
question for corrupt and wilful perjuiy.
JL C. J. You bad best call your vritnesses ;
for au^it appears you are so yet.
^Pra. Winn. We will call our witnesses,
and shew what h^ did swear. Mr. Blaney,
will yon aeqaaint my lord and the jury, whe-
ther you were by at that trial ; and give an ac-
count of what you know sir Patience Ward did
•wear, and whether you took any notes ?
Mr. BloMy. I was present at the trial be-
tween hia royal highness and Mr. Pilkington ;
f did sit upon one of those stools there, and I
ili4 take notes, to the best of my skill.
^r Geo. Jdfl Have you your notes P
Blaney. Yes, Sir.
Mr. Williams. First of all, acquaint my lord
and the jury, what was sworn by sir Patienea
Ward.
Blaney. Having received a subpmna from
sir Patience Ward about this matter, I looked
over my notes, and turned down the leaves in
several places.
Mr. Williams. Tell what sir Patience Ward
swore concerning cutting of throats; and
what that was ; Oecollect yourself about what
was sworn by sir Patience concerning cutting of
Alt. Gen. Pray, Sir, don't look upon your
notes.
Sir Fr, Win, Your witnew don't remember
whether he writ notes or no.
Blaney. I have read my notes to day, again,
and looked upon them ; I do find it is thus,
and I do really believe to be true ; for I don't
know I never altered any man's evidence,
either in substance or form. He did then say.
Upon my oath, if it were the last word I was
to speak, I did not hear one word of cutting of
thr<Mits.
Mr. Williams. Pray, Sir, say as he said.
Blan^. These were the words : ' Upon the^
oath I have taken, if it were the last word
I was to speak, I did not hear one word of cut-
ting of throats.'
Sir Fr, Winn, Was it writ so in your notes
at that time.
Blaney. It is so in my notes.
Sir Fr. Winn. Are your notes altered sinoef
Blaney. No, Sir.
Sir Fr. Winn. There was no thought of
perjury then ?
Sir Geo. Jeff. Not by him, but by others.
Mr. Williams. Are these the notes that wer«
then taken ?
Blaney. These are th&aotes that were then
taken.
Sir Fra. Winn. I ask you thia ; did you
take them as he said them P
Blaney. I did, tothebest of my skill, neither
added nor diminished; Sir Patience in tha
beginning of his evidence did say these words :
That there was nothing mentioned of the.duke,
but of St. James's, in bis hearing.
Sir Fr. Winn. Are you sure the words are
there ?
Blaney. Thes are here. Anj man that
could read my snort-hand may see it.
Sir Fr. Wmn. Were the words then taken?
Blaney. They were then taken.
Sir JV. Winn. Are they. altered smce P
Blaney. They are not, Sir.
Sir Fr. Winn. How are the words ?
Blaney. Tliat there was nothing mentioned
of the duke's name, but of St. James's in hit
hearing.
Mr. Williams. If this be true, it shuts out
the second assignment ; but however we
ask him concerning the other assignment,
whether there was mij discourse GonoeniiD|^
the duke after Pilkington OMna in.
$19] STATE TRIALS, 35 Chahles II, l683.— IVw/ •/ Sir Patiniee Ward, [S«0
Bianey, If yon please, Mr. Serj. JefTeries
vas pleased to press U apoo sir Patience Ward.
Sir, you were pleaseil to ask tlie question. Was
all the dis4M>ur8e over concerning going to 8t.
James's, or the duke of* York, before Mr.
Pilkin^ton came in ? Was it all over before
Mr. Pilkington came in ? And Mr. 8erj. Jef-
feries then aaid >■ - ■
Sir Oeo. Jeff'. What did be answer to my
Question P Was there nothing said of it while
le was by ? '
Bianey. Sir Patience Ward said, Not one
SrllaUe of it to my memory ; whereupon sir
eorge Jeiferies said. Your inyintion is better
than vour memory. And he replied, my lord,
I thaiik God, I have a good memory, though
perhaps that gentleman hath not
Mr. Willianu. Was this written down in yoar
book?
Mlaney. It was then taken by me in writii^;
in my book.
Mr. Williams. Is any thing altered ? ,
Blan^. Not one word.
Mr. WilHamt. Did- you write tliein sitting
Ihere as they were suoken P
Blaney, Just as he said them : There 1 sat
where Mr. Owen sits now.
Att, Gen. I>o you swear you remember any
l>art of it?
Blaney. Sir, this I do remember, as wdl as I
^an i-emember any thing in the world.
Att, Gen, Blaney, tell roe positively what
he said.
Blaney. He said. Not one syllable of it to my
toemory ; I do remember it.
Att, Gen. Upon what question?
Blaney, Sir, of the doke's being not named,
but St. James's, I do remember likewise ; but
I cannot well say any thing of the business
of cutting of throats ; I find it in my book
unaltered, I do not know that 1 am mistaken.
•Seij. Jef, Hark y6u, Mr. Blaney ; I know
bis notes have been mistaken sometimes ; 1 re*
member once upon Raree-show business, they
were mistaken. Upon your oath. Sir, did ^ou
hear sir. Patience Ward speak at that time any
words concerning a law-suit? Lbok Upon
your notes.-^B/an<^. Sir, I will %o.
Mr. Polkxfen. What have we to do with
tlaree-show? Are we trying that?
Just. Witkin$, Gentlemen, don't be angry,
let the canse be tried fairly.
^9* J^ff', ^ "^y ^ * question, I hope. I
ask a fair question, I would fain meet with that
among his characters.
Blaney. Sir, I would not have looked it over,
H I bad met with any such thing in my
notes.
Att. Gen. Can you swear any thing posi-
tively upon ycmr notes ?
Seij. Jeff, It is some diseoorse near the ques-
tion.
Blaney. Then, Sir, indeed it is not in my
aotes.^
^^yJ^" Did sir Patioioe. Ward use the
irard. * positivetv' at any tiow in yoor notes;
and tell us to what?
Att. Gen, Whether b« was positive to any'
one thine^ ?
^i:i' J^ff' Di^ be swear positively to any
one thing? And tell us to what ? I desire to
be 8atis£d by Mr. Blaney 's notes. Some men
can take notes on the one side, and foigei
things on the other.
Mr. WilUami, Come, Mr. Beaver.
Blaney. I don't see tha word positive.
HenyJeff. No, not at all.
Blaney. I don't pretend to say I have written
every word.
i^rj.^Jeff. But you do pretend to write move
than be said.
Mr. Williams, What he writ is true.
Sir IV. Winn. He does not undertake to say
he writ every word that passed, but whether or
no he writ any word that was not said, la all
that you writ true?
Blaney, I verily believe it is trae.
L. C. J. Is that any manner ok'
when he hath not taken all that was said, and
so spoiled the sense, by leaving out soaie of
the words?
Just. Withins. How is it possible fat a nam
to be a good witness, that comes and swears in
one part, I know nothing of any such words ;
and at another time says he does not write nil
in his notes ?
Sir G, IVeby. Let that pass for a rule, and
then no witness the v produce can be believeil.
Sir Fr, Winn. Tb^ have given evidence 1^
witnesses viva voce^ without notes, and make
an objection, because he does not remember
every passa^ ; therefore he signifies nothing'.
We ui^ it m point of evidence, my lord ; be
is kiiown to be a man very dexterous in writin|^
short-hand ; in a material (hing he swears to
the best of his remembrance. He took them
from the month of the person that swore at
that time. My lord, we asked him, wheiAicr
he writ any thmg that was not said. We leave
it ia point of evidence, my lord, to oicomBfeer
theirs.
Mf. Williams. We would give our evidence
in, if thev would give us leave.— Richard
Beaver, Were yoo by, at Mr. PiUungton'a
trial ?
Beaver. My lord, I was by all the while.
Just. Jones, Did you take notes ?
Mr. Williams. Were you prf*s'^nt at the trial
of Mr. Pilkington f^ Beaver. I was present.
Mr. Williams. Can you remember what was
sworn by sir Patience Ward upon that trial ?
Beaver. Yes, Sir.
Mr« Williams, Can you remember what air
Patience Ward swore oouceming cutting of
throats?
Beaver, My lord, be did say. that to his beat
remembrance the discourse was over before
PJUin^ttm came into the room. ' To the heat
* of my remembrance, ray lord, that diseourae
' conretniug the duke was over bvlure Pilking*
* too came mto the room.
Mr. WtUiams. How did he express it ? pray
swear h hat sir Patinice Ward spake $ Idll now
Le expre:dedliimaei£
tei]
STATE TRIALS, S5 Chahl^ IT. l6&3.— >r Ptrjmnf,
[322
, Beater, Sir PMienoe Ward did «ay, to tbe
kit of lui vemembrance, that the disconne
coDoernin^ his highnesn the duke cf YoHc wai
«vcr before aberiff PiUdngton came into the
n»oai, where they weire smoking tobacco.
• Mr. WUUams. He said these words to the
bKt of his remembrance ?
Beaver. He did so. Upon which. sir George
Jefieries said again to him, that he had a good
Memory; and he said he had, and my lord
chief justice said, you may thank God you
have a good memory; my lord chief joatice
kimselfsaidso*
Hr. WUHana, What did he say?
Beaver. To the best of his knowledge, he did
not hear a^ thing of cutting of throats.
Sir Fr. tvinn. Can you remember the way
of his etpresaon ?
Beaver^ The way of his expression was, as
I remember, to the best of n^y remembrance, he
did strike lus hand upon his breast, . and said,
when sheriflT Pilkington came in, he struck
his hand upon his breast, and asked him if he
■Kftnt Hubert, so he said, upon his salyation,
or fo the best of his knowledge. .
• 8ir Fr. Winn. What did be say ?
Beaver. He said —
Sir Fr. Winn. What did he say conoarning
OBtting of throats ?
Beaver. Ae said he did not hear any thing,
aabebebered.
* Just. Janes. Of what ?
Beaver, Of cutting of throats.
Just. Janes. Is that all he said, he did not
hear any thing of cottipg of throats ?
L.C. J. You friend ; you said that sir Pa-
tience Ward said he did not remember any
thing of cutting of throats ; did you say so P
&aver. Yes, my lord.
L. C. /. And thereupon you say, my lord
liefjastioe did commend his memory for it ;
pry'tbee,how came he to be praised for such a
cnat memory when be said he did not remem-
ber any thing ? Thou hast not laid the plot
weU together.
. Just. Wit hens. Was he commended because
he said he did not remember P
Just. Jones. Where did you stand ?
Beaver, I stood oTer-against sir Patience
Ward-
' Just Janes. Did yon hear well P
Bearer. Yes, my lord, I heard every word.
Hesaid he got honour by speaking words against
the Duke ofYork.
SvA. Jones. What is that?
Beaver. .Th^X Pilkington had got honour
bv meaking against his highness the duke of
Serj. Jeff. In the mean time look that part
ant in your notes, that he speaks of. Now I
woidd aak you a questi6o, friend.
' Att. Oen. Pray will you recollect yourself ?
Didyou hear sir Patience Ward say, to the
best of lus remembrance, the discourse concem-
iog Aie duke qIl York was ended before Pilking-
ton eame in P Pray what did he say, tOttcUng.
the discouiae of thedukiB of York P
VOL. IX.
Beaver. Sir, hesaidtohisbertrememhranco
that diaoonrse was over.
Att. Gen. What discourse P
Beaver. Concerning his highness, that it
was orer. , . • ^
SoKf.Jeff. Mr. Bearer, I would ask yon ii
Ijuestion, becaute I know you wiUronember
it presently. Do you remember any thing sir
Patience Ward swore, tlwt he newer had a law
suit in his life P Do you remember any thing
ofthatP •
Beaver, If you please, |9ir, there was some-
thing said of tnat.' %
Snr|. Jeff. Then look that in your notes too;
Bir. Blaney— — 'Pray, upon youivoaib, do you
remember he used the word ' positively ?' *
Beaver. Nothing at all,^ positively.
Id, C. J. Upon my word your memory must
be commend<Ml.
Serj. Jeff. Mr. Beaver, where do you live,.
Mr. Beaver P
Beaver. I live, sir ! You know weD eftougb,
sir: what would you say to me ?
8etj.Jeff. lonlydeaire to know where you
live. Sir.
Beaver. I live in Soaper-lane, Sir.
Mr. Williams. He is an honest man. Ha
was commended when he was chnrch* warden,
Seij.Je^ Many a wise man hath beenin that
employ.
Mr. Williams, 5Ir. Crii^, yon were present
at the trial between his royal highness and Mr.
Pilkington.
Cri^, My lord, I was present here.
Mr. WHliams. Can you remember, Sir,^vhat
was sworn by sir Patience Wkrd concerning
cutting of throats, and how he sware it P
(^risp. I cai>not give any perfect account : I
was here, and a great many, expresnpns I did-
hear, a great matby 1 did not hear. I beard sir
Henry Tuise give some account, and sir
William Hooker, that Mr. Pilkinffton should
say such words about the diuce's being
come. '
Just. Withens. Go on, pray, gentlemen.-
Mr. Williams, Can you say any thing of,
what sir -Patience Ward swore about cutting of
throats?
Crisp. Sir' Patience Ward was speaking
whether or no such words were spoken that
were swore ; he did say there was something
said, that * he was conie to bum the city,' that
he did confess : but as to ' cutting of throats,'
tiiere was not a word spoken * in my hearing,',
or to the best of my ' remembrance,\or some*
thing to that purpose, I cannot be fjositive.
Air. Williams. Can you be positive in this.
Sir, that he said < in \aa hearing,' or ^ I cannot
* be positive?
Crisp. I took it in that wav, Sir.
Mr. Williams. Pray, Mr."^ Crisp, I would
ask you this P Da you remember any thing he
said, whether IJr. PiOrin^n was in the room,
when there was any discourse of his royal
bigness, or the duke' of York ?
Crisp. To the best of my memory, he spake
it thus: We were dijicourslng together about
Y
325] STATE *|;&tALS, $$ Ch ables II. i6S3.— W-W of SSr Patknee Ward, [3524
Ifoiii^ to wait m hm nAJestv, and then to go
to his royal highness; mm we entered into^
some other discoorse ; and when we were dis-
eoivsoig of that, Mr. PiHdngton camertotfae
table to us : it was concerning the work of the
day; aiid when we were about that ^diacooise,
Mr. FiDdi^^Qainetoustdthetable. Whe-
ther he said he was not in the room, or can^e
mto the room then, I cannot toll ; but I re-
member he said he came to the taUe to us
-when we were about this discourse.
* Sir IV. Winn. Do you remember any thmg
that my lord chief justice said to sir nitieDee
Ward's evidenee.
Crisp. That I reroerober more than any
other particokr, beoauM sir George Jelferies
had made some reflection upon sir Patience
Ward, and my lord' said, 8ir Patience, that is
usual with counsel to speak so to evidence ;
hnt do you go on with your evidence for all
that, says my lord chief justice ; sir Patience,
ridcollect yourself; it is supposed by your evi-
dence, that vou feare out those worJfs, either
about the duke of Yoric's being named, or
about < cutting of throats ; therefore, sir Pa^*
tienc^, recollect yomrselfT Says sir P^Oienee,
I do speak it to the best of mv memory. Says
M George Jefferies, upon tbator some other
time, Your invention is better than your me-
mory, which I took more notice of than other
thinpiv.
Sir JPr. Winn, When my lord chief justice
bade him recollect himself^ how did he express
himself? Did hcf say, to the best of his mo-
monr?— Crij/). That he did, positively.
Mr. WillituAB. Mr. Crisp, recollect yourself,
as near as may \3fii When my lord chief jus-
tice made that a^Wer, either to those words
of i cutting of throats,' or the duke of York's
being mentioned ; was it in the conclusion of
his evidence r
Criip. It was towards the conclusion ; for
I. went away, being very much swdtered.
Serj. Jejf. Mr. Crisp, did you hear sir Pa-
tience Ward say, in his evidence, that he never
had any suit?
Crisp. He did speak something when you
did reflect upon him, ' I do not remember that
' ever I had any thinff to do with courts ; my
*■ business is at home.'
Seij. Jeff, A further question I ask. Mr.
Crisp, can you tell upon your oath, whether
nr Patience Ward swore any thing posi-
tively P
Crisp. I do not know, Shr ; I took no notes
at all ; I cannot swear, or declare fhpse words
which were not spoken ; but still it was in * his
* hearing,' or the * best of bis memory.'
Se]j. Jeff. Do you remember he ever used
the word ^ positively,* or was positive in any
]^ of that trial?
Crisp. I do rememl^er he spoke it very po-
sitively } but whether he said the word * posi-
* iive,' I cannot^say ; but still it was wich this
feservation.
Seij. Jeff Hark you, Mr. Crisp, I will ask
you one thing more. Do yon take it upon
your oath pootively , that he used either to di«
< beat of his memory,' or the * best of bta \m*
< lief,' in any thing be said ?
Crisp, In his answer tp my lord ehief jitt<«
tice he did.
Seg. Jeff. Jn any other part, will you take
it ujion your oath, positively, that he ever used
' the b»Bi of bis remembranor,' or the * best
* of his belief?'
Crisp. I said before, I did not fix it in mf
memosy.
Sir Fr. Winn. My lord, he thinks it oon-
venient to say to the best of his memory to«&
CaU Mr. Wright.
[Here the king's counsel attempted to re-
mark on the evidence.3
Mr. Williams. Pray, my kwd, when w«
havel^ven all our evidence mtire, if they have
any cwservation, we will submit to it ; but i»
remark upon every witness, would occasion
too many mierruptions* We would give Our
evidence intire.
L. C. J. Vou will agree, that they may ask
a question when you have done with them ?
Mr. Hoh (to Mr. Wright). Was you present
at the trial between his royal highness and Mr.
Pilkington?
Wright. Yes, Sir ; and sir Patience Ward,
I remember, was asked this question. Whether
he heard any words concerning kOling, or cut*
ting of throats ; and sir Patience Wlrd saicfy
For < killing' 1 heard that discourse; but for
* cutting of throats,* he never mentioned.
Mr, Witliams. You are a gentleman that
exercise your mempry ; pray, oir, did he b9j
anything of cutting of throats ?
Wright. It was to * his bearing^ or tlM^
*' best of his remembrance ;' be did it very
cautiously.
Mr. Williams. Was it as he believed or re-
membenad, Mr. Wright? Did be say posi«
tively there was no discourse of cutting of
throats, positively, or with any reference to \a9
hearing?
Wnght. As far as I can remember, thus be
said, Xbere was a discoune concerning < firinfT
< the city,' but not concerning < cutting of
* throats.'
Mr. Williams. Did he say that positivdj,
or to the best of bis understandiug^?
Wright. The occasion of it was (his, Slr»
VFhether Mr. Pilkington was present when the
discourse was about waiting on his majesty^ to
conffratulate his coming to town from New-
tna»et, and his royal highness ; sir Patience
Ward did believe he was not then present when
the discourse was ; he. was in Guildhall, with
the lord mayor, licensing of ale-houses.
Sir Pr. Winn. When he did mention that
about < cutting of throats/ how did he express
himself?
. Wright. < I believe, or do think^ there wae
^ no such word spoken.'
' Serj. Jeff. I would ask your parson one
question.
Wright. What yon please, sir Geofge.
3Q$j
STATE TRIALS, 35 Chakks II. ]fiS3.— /w* Perjury.
[326
JtL Gm, Can Toa swear yoarself posi*
iirehr what be sttd ?
Wright, I swear thus &r, aocording to^ my
Seij. J^l I wooJd ask him a questio'
Att. Gen. All iasoi^ must be tried by belief
er memory ; what new practice is this ? Cao
yoo swear this upon your oath, or do yoo only
•ay, I think or believe it ?
^Wright. I speak to the best of my reraem-
Serj. Jeff. Mr. Wright, I would ask you a
qoestioD. If I take you right, at the hegm-
mag, there was a talk concerning kHfing and
cattiiig of throats; my lord, I appeal to the
meskory of the court and the jury, if he did
not say it two or three times over. Mr, Wright,
lememher what I say.
Recorder, fie did say it caotioiisly.
Just. Joneis. He did not insist upon it.
Seg. Jef, Was there any discourse, upon
your oath, when sir Patience Ward gave his
testimony, that there was any discourse con-
cerning kiDine and cutting of throats ?
Wright . He believed that the word * kilfing'
was not spoken in Mr. Pilkington*s hearing.
Hetj, Jeff' Now I ask you another question.
Now, Mr. Wright, pray do you remember that
there was any discourse concerning sir Pa-
tience's having a law-snit, or no law-suit ?
Wrig^. Sir Patience said this when yon
made & reflection upon him. ' My lord, 1 hope
you win not sufier me to be abused; for I
never remember I was in any court upon any
•oeasioii of law before.
Seg. Jeff. Now I would ask you another
question, Mr. Wright, because yon have re-
membered more tmm other people have re-
membered ; you have, by your profession, an
extraordinary occasion to use your memory;
do yoa tidce it upon j^pur oath, tiiat he did
give any evidence positively ?
Wright. I do not remeinber he used the
word ' positively.'
Serj. Jeff. Did he swear any thing positive] v.^
' Wright. I do not know what you mean by
* positively.'
Herj. Jeff. Bo yon take it upon your oath
thai he did positively declare any thing in that
trial? Metninks a man of your profession
ihoiilil understand that.
L. C. J. Did he speak < positively,' or ' the
' best of bis remembrance r Do yon not un-
derstand ihat word ?
Beg. Jeff. Or directly, oi: categorically, or
any word yon use ; I perceive you do not un-
derstand * positive,' therefore I put another
word.
Att. Gen, Did he swear any thing posi-
Jifdy?
Wright, The most of his evidence that I
heard, was with cautionary words, to the best
of his remembranoe.
Soj. Jeff. Do you remeniber he swore any
iSuDg positively ? , .
Wright. IcumotxememberySir, thewhole
triiL ',
1
Serj. Jeff. IMd he swear any thing directly
or positively ?. ^
Wright, Thus &r he sidd. To the best i>f
my remembrance, to ^he best of my know-
le^;e, this dkcourse wats over.
Serj. Jeff Did he directly swear it ?
Wright. My lord, he spake, cautionaril|r,
those words he spake directly.
Ati, Gen. Did he swear any ^ling indi-
rectly ?
Swj. Jeff. Where does my parson live?
Where do you live, Mr. Wright r Upon yovir
oath, where do jrou live, before you ^b ?
Wright. If It be a material question, I wiU
answer it.
Just. Raymund. You must do it.
Wright. My lord, 1 live in Essex, at Wal-
thamstow.
Serj. Jeffl Are you the minister of the placef
Wright. Yes, Sir.
Serj. Jeff. He hath heard the word * killing^
which nobody else heard before.
JiHt. Willianu. Pray call colonel Birch.
Mr. Holt. Come, cd. Birch, will you come
over on this side F
Mr. Williams. Thus, were yon at the trial,
between his royal highness and Mr. PilktngtOn?
Col. Rirch. I was. My lord, I am sworn
to speak the tni^, and the whole truth, and
nothing but the truth. As for speakinjg no-
thing but the truth, I shall be sure to £ ; as
to speak the whole truth, I cannot My lord,
I stood where those gentlemen do. Some-
times I could hear, sometimes I fell back, and
could not hear, so that * indeed I cannot spedc
to any ope sentence as it was delivered. Thft
is all I can say.
Mr. Williams. Then say what you can.
Mr. Rdt. Colonel, please. to go your own
Col. Birch. My lord, that which I took no^
tice of was the caution that I observed sir Pa-
tience. Ward to give his evidence with, that
was the principal thing ; I heard fiome piecep
of other things, and then by -and by I was put
out of hearing. ' But methought it was some-
thing strange, because I have not usually heard
the Ske, and therefore I charged my memori^
with it ; that is, Some things he said to the
best of his memory, other things as he remem*
bered, or to the best of his knowledge ; these
were the things that I charged my memory
withd, but to what sentence he applied, I am
not able to give your lordship an accoimt, upoa
my oath.
Mr. Williams. Colonel Birch, did you ob-
serve this in giving his evidence, generally :
was it according to his remembrance, or cau-
tiously?
Col. Birch. That warf the main thing be-
spoke of; what he did in the general, was
with caution.
Att. Gen. Can you judge of that by wliat
you heard?
Col. Birch. I am very ancient, Mr. Attor-
ney; but I canju^eof a man's caution Ky
his speaking.
^27} STATE TRIALS, 35 Ghables 21. l6S$.^Trial of Sir Peiimee Ward, £92^
Mr. Williamt. Did yon observe upon .the
trial, that sir Patience Ward did swear g^»-
nerally po8itivdy> or to the best of bis remem-
brance ?
Baker, I apprebended bim to swear to hm
hearing and memory sopfietimes.
Just. Jonet. Do yon remember the partico-
krtbiogft be swore ^ — Baker* No, my lord.
Seij. Jeff. I would ask Mr. Blaney (his : J
know you exactly take notice of what he says ;
find o>ut in your book. Sir Patience, sir Patieace,
you speak to yonr mepnory.
Mr. WUUanu, Mr. Bennet, pray can you
Temember what was sworn by sir Fstkoce
Ward?
Bennet. Sir, I was here, and I oouU bear
very litde ; but then some, time afVer, some*-
thing towards the latter end, I got my head io^
and could hear a li^e, and that was that Mr.
Pilkington was not at the taUe, and the dis-
course was ended before he came, of waittnip
upon his royal highness, about going to hia
majesty, and after to St. James's.
Mr. WilUanii, How did he' speak that, poair
tiveiy, or to his remembrance ?
Bennet, He was asked both by you and sir
George Jefivries. He did not answer you, but
he answered sirGcof^^ ; for sir George asked
him (his (question. Was this discourse quite
over before Mr. Pilkington came in ? He di^
declare— (I will tell you immediately, if you
will gif e me leave) He did declare not one tittle
was spoken, or to that purpose. It was the
latter part, near it I am sure.
' Sir JFV. Winn* How did he express bimaelf 19
that ?
Bennet. He declared, as I have- told yon,
that not one syllable was spoken in hie
hearing.
SirJPr. Winn. He says, my lord, that nol
one syllable was spoken in bis hearing.
Seij. Jeff. The court hears what he says.
Sir Fr. Wmn^ Sir, that agrees with the notes
of Mr. Blaney.
Serf. Jeff. The word that he said was, to
the best of bis memory. How was the word»
sir Patience, sir Patience!
Blan^. . That was not in. Sir.
Sir Fr. Wiiin. My k>rd, now we will ge t»
another, part of the evjdence ; we win call
persons of quafity, that have long known air
Patience Ward, tbat will give your lordship aa
account, whether he be a man lik^' to i^-
swear himself corruptly and wilAiUy.— GKr
William Russel, are you sworn? Pray how
long have you known sir Patience Ward?
Sr W. RuueL Near upon 20 years. «
Sir Fr. Winn. Pray will you give an ao
oonnt what you know of him ?
Sir W. Russel. I have had several tnmsiic*
tions with him foi^ several sums of money, I
never found but very iair, and bonesl^ and re-
putable dealing. I have known him almo8|
SO years, I have deak with him for several
sums of money, and have (bund him very fiur,
iust and reputable in aU transactions befvreen
Att. Gen^ Cplonel, did yon see him
his hand upon his breast?
Col. Birch. 1: do not remember. I cannot
apply it to any sentence ; but from henceforth
I Mriu never give evidence, but what I can do
directly.
Mr. Williams. Mr. Noitbey, were you at
the trial between bis royal highness and BIr.
Pilkington?
iforthey. My lord, I was there, and* stood
^ behind there, but 1 could not hear very per-
fectlv, to know any sentences fully.
Bfr. Williams. What did you observe ?
Northey. I do remember that sir Patience
Ward did several times say, to the best of his
memory, and to the best of his knowledge, one
time particularly, sir George Jefleries did par*
ticularly say, that his invention was better than
his memory.
Mr. . Thompson. Was that towards the con-
clusion of his evidence^ ,
Northey. He did it several times.
Mr. T&fmpson. But that time. Sir ?
Northey^ He did swear very cautiously, to
the .best- of his remembrance ; I cannot, my
lord, say what he swore.
Sen. Jeff. You heard my question : when
I said to him his invention was better than his
memory, upon your oath, upon what occasion
was it?
Northey. Really I cannot say, sir George,
what ; but your voice being much louder than
other men's I heard you plainly.
Mr. Boll, Mr. Nelson, were you at the trial ?
Nelson. My lord, 1 was present at tlie trial,
and^in some cases sir Patience Ward did rely
upon his memory, for sir George told him, his
invention was better than his memory.
Mr. Williofus. Do you remember generally
he did so ?
Nplson. I had not remembered this, Mr.
Williams, if it had not been fox sir Gewge Jef-
feries's reply.
Sir Fr. iVian. Mr. Baker, pray will you
tell my lord what you know of sir Patience
Ward's giving^ evidence ?
Baker. My lord^ according to the best of
my remembrance, my lord chief justice Pern-
.berton did say, sir Patience, sir Patience, vou
speak to the best of your memory, to the nest
of your remembrance; I say, my lord chief
justice Pembertou did speak to sir Patience
Ward, sir Patience, sir Patience, you speak-to
the best of your, memory. My lord, says he,
I do it to the best of my remembrance; my
lord, all that I can say.
. Mr. Williams. X^an you remember the oc-
casion of this, or the time ?
Baker. My lord spoke to him once or twice ;
pa I remember, he said once, mind yonr evi-
dence, sir Patience ; sir Patience was angry a
little at somebody.
. Mr. Williams. Can you^ say what was it ?
Baker. Some words, ^ I remember, passed
between sir Geoige Jefferies and sir P^ence.
Mr. Wiliiams. And what was the occasion ?
Baker. 1 cannot remember, itideed.
liim and me.
99]
STATE TRIALS^SS CHMtLBS II. iGS^^mr Perfuif.
£330
Mr. WiUiam, Do yoo Oink be would wil-
kij or eocmptlj foiswear himself?
w IF. RmsteL I nerer bad that opinioti of
him : I was impaimeDed upon the jyoy, but the
eoait refused me, and I went away.
Air. WiUuau, Sir,^ did you observe him to
ke a man of truth in his tradbig ?
Sir W. Riusel. ETer.Sir.
* Vr.WiUiamSn Was he given to tell lies, or
[itvancate?
Sir FT. Rustel. I always found him a man
of truth and justice in his dealing, all the time I
dealt with lum«
Set}. Jeffl 8a WilKam, I know you will
■peak the truth ; you are a civil gentleman.
Have you not taken him to be a factious sedi-
tious man ? Did you look upon him to be a ^
man weU-affected to the king and govern-
ment P
Sir W, BmsscI, I never did concern myself
in those af